11th Court of Appeals

Eastland, Texas

Opinion

State of Texas

            Appellant

Vs.                  No. 11-05-00154-CR -- Appeal from Comanche County

Jewel Robert Pierce, Sr.

            Appellee

            Jewel Robert Pierce, Sr. has been indicted for the offense of injury to a disabled person. On April 11, 2005, a jury was impaneled. Evidence was presented, and the jury began deliberations on April 12, 2005. The jury was unable to reach a decision, and the trial court granted the defendant’s motion for mistrial.

            On April 21, 2005, the State filed a notice of appeal challenging the trial court’s April 11, 2005, oral order granting the defendant’s motion to suppress. When the clerk’s record was received in this court on April 27, 2005, the clerk of this court wrote the parties and advised them that the record did not contain an appealable order. The State was directed to respond showing grounds for continuing the appeal.

            The State has responded by filing a motion to dismiss. The motion is granted in part, and the appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

May 19, 2005

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.