Dennis Mayfield v. State
Dennis Mayfield v. State
Opinion
DENNIS MAYFIELD,
APPELLANT
V.
THE STATE OF TEXAS,
APPELLEE
Following a guilty plea, Appellant Dennis Mayfield was convicted of "driving while intoxicated 3rd or more." The trial court assessed his punishment at imprisonment for eight years and a five thousand dollar fine. Appellant subsequently filed a "Motion to Dismiss Fine and/or Fees, or in the Alternative Time Served" in which he alleged that he was indigent and asked the trial court to (1) submit a claim for payment of the fine to the State Comptroller's Office, (2) dismiss the fine, or (3) "allow for time served." Appellant was notified by form transmittal letter, signed by the trial court coordinator, that his motion had been denied. He filed a notice of appeal on March 12, 2009.
To be effective, an order must be reduced to writing, signed by the trial judge, and entered in the record. State v. Shaw, 4 S.W.3d 875, 878 (Tex. App.-Dallas 1999, no pet.). No signed order denying Appellant's motion is included in the information received in this appeal. The form transmittal letter is not an order because it was not signed by the trial court. (1) See id. Therefore, on March 16, 2009, the clerk of this court notified Appellant that the information received in this appeal does not include an appealable order and further informed him that the appeal would be dismissed unless the information was amended on or before April 15, 2009 to show the jurisdiction of this court. See Tex. R. App. P. 37.1, 44.3. Appellant has not complied with or otherwise responded to this court's notice.
Because we have not been provided with an appealable order, we have no jurisdiction over the appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Opinion delivered April 22, 2009.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH) 1.
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