IN THE

TENTH COURT OF APPEALS

No. 10-10-00149-CR

Alonzo Dee Freeman,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 413th District Court

Johnson County, Texas

Trial Court No. F40226

Alonzo Dee Freeman seeks to appeal the trial court’s “failure to grant Petitioner’s Post-Conviction Motion of Discovery; under Art. 11.07, § 3 (V.A.T.C.C.P.).”  The Clerk of this Court notified the parties that the appeal appears subject to dismissal because: (1) this Court does not have appellate jurisdiction in criminal law matters unless expressly provided by law; and (2) no constitutional or statutory provision appears to authorize such an appeal.  See Kelly v. State, 151 S.W.3d 683, 686-87 (Tex. App.—Waco 2004, no pet.); Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. ref’d).  The Clerk’s notice informed the parties that the appeal may be dismissed if a response showing grounds for continuing the appeal was not filed within ten days.  See Tex. R. App. P. 44.3.  No response has been received.  Accordingly, the appeal is dismissed.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed June 2, 2010

Do not publish

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