Opinion issued May 15, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00300-CR

____________

CLIFTON MOORE, III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1138986

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal. On October 26, 2007, appellant Clifton Moore, III, was charged by indictment with the felony offense of theft in trial court cause number 1138986. At appellant’s request, the trial court made a finding of indigency and appointed counsel to represent appellant. Subsequently, appellant filed a motion for hybrid representation. The trial court denied the motion. Appellant gave pro se notice of appeal.

          On April 15, 2008, the State filed a written motion to dismiss cause number 1138986 stating the reason for dismissal as “other.” The motion to dismiss was signed by an Assistant District Attorney for Harris County, Texas. Included with the motion to dismiss is the following order:

“The foregoing motion having been presented to me on this the 15th day of APRIL, A.D. 2008 and the same having been considered, it is, therefore, ORDERED, ADJUDGED AND DECREED that said above entitled and numbered cause be and the same is hereby dismissed.”

The order is signed Mike Anderson, Judge, 262nd District Court, Harris County, Texas. See Tex. Code Crim. Proc. Ann. Art. 32.02 (Vernon 2007). The trial court’s order dismissed the charges against appellant.

          Because the underlying charges were dismissed, there is no final judgment of conviction or other appealable order for this Court to review.

          We therefore dismiss the appeal for lack of jurisdiction.

          It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).