Court of Civil Appeals of Texas, 2010

William James Stewart v. State

William James Stewart v. State
Court of Civil Appeals of Texas · Decided August 25, 2010

William James Stewart v. State

Opinion

NO

NO. 12-10-00229-CR

 

                         IN THE COURT OF APPEALS

 

            TWELFTH COURT OF APPEALS DISTRICT

 

                                      TYLER, TEXAS

 

WILLIAM JAMES STEWART,

APPELLANT                                                     '     APPEAL FROM THE 294TH

 

V.                                                                         '     JUDICIAL DISTRICT COURT OF

 

THE STATE OF TEXAS,                                 '     VAN ZANDT COUNTY, TEXAS

APPELLEE

 

MEMORANDUM OPINION

PER CURIAM

            Appellant, William James Stewart, attempts to appeal from an order denying his motion for appointment of counsel to assist him with his habeas corpus proceedings.  As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction.  See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961).  However, there are certain narrow exceptions.  Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.) (listing exceptions). The order Appellant complains of is not a judgment of conviction nor does it fall within any exception to the general rule.[1]  Therefore, we have no jurisdiction over the appeal.

            On July 19, 2010, this court notified Appellant that the information received in this appeal does not include a final judgment or other appealable order and therefore does not show the jurisdiction of this court.  See Tex. R. App. P. 37.2. Appellant was further notified that the appeal would be dismissed unless the information was amended on or before August 18, 2010, to show the jurisdiction of this court. See Tex. R. App. P. 44.3.  This deadline has now passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its July 19, 2010, notice. Accordingly, the appeal is dismissed for want of jurisdictionSee Tex. R. App. P. 42.3(a).

Opinion delivered August 25, 2010.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)



[1] Moreover, this court has no jurisdiction in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony convictions.  See Tex. Code Crim. Proc. Ann. art. 11.07 § 3 (Vernon Supp. 2009).

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