Court of Civil Appeals of Texas, 2007

Jerimy Duane Mitchell v. State

Jerimy Duane Mitchell v. State
Court of Civil Appeals of Texas · Decided March 28, 2007

Jerimy Duane Mitchell v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

____________________



NO. 09-07-078 CR

____________________



JERIMY DUANE MITCHELL, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 88300




MEMORANDUM OPINION

The clerk's record, filed March 6, 2007, contains an order granting a motion for reconsideration of probation revocation in Cause No. 88300 and vacating the previous adjudication of guilt and sentence. The appellant was sentenced on January 26, 2007. He filed a motion for reconsideration of probation revocation and sentence on February 20, 2007. The trial judge signed an order granting the motion for reconsideration and vacating the previous adjudication of guilt and sentence on February 21, 2007. The trial court also entered an order extending the terms of appellant's community supervision for two years. It appears the order adjudicating appellant guilty and sentencing him to confinement was vacated within the period of the trial court's plenary power.

The Court finds it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.





______________________________

STEVE McKEITHEN

Chief Justice



Opinion Delivered March 28, 2007

Do Not Publish



Before McKeithen, C.J., Kreger and Horton, JJ.















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