Court of Civil Appeals of Texas, 2019

Donald Ray McCray v. State

Donald Ray McCray v. State
Court of Civil Appeals of Texas · Decided September 27, 2019

Donald Ray McCray v. State

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00303-CR

DONALD RAY MCCRAY, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 251st District Court Potter County, Texas Trial Court No. 70,652-C, Honorable Ana Estevez, Presiding September 27, 2019 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ.

Appellant Donald Ray McCray, proceeding pro se, filed a notice of appeal from a purported judgment.1 However, no pronouncement of sentence or appealable order has been entered by the trial court. Questioning whether we have jurisdiction over the appeal, we directed appellant to address the matter by September 9, 2019. Appellant did not file a response.

1 Appellant has previously filed seven notices of appeal in this criminal case, cause numbers 07- 16-00020-CR, 07-16-00444-CR, 07-17-00058-CR, 07-17-00258-CR, 07-18-00011-CR, 07-18-00257-CR, and 07-19-00167-CR. We dismissed those appeals for want of jurisdiction.

As we stated in Kerr v. State, No. 07-13-00128-CR, 2014 Tex. App. LEXIS 12850, at *9 (Tex. App.—Amarillo Nov. 25, 2014, no pet.) (mem. op., not designated for publication), “[w]hen no sentence is pronounced, there is no valid judgment or conviction from which to appeal.” Given the absence of either an oral pronouncement of sentence or an appealable order, we have no jurisdiction over the appeal. Therefore, we dismiss the appeal for want of jurisdiction.

Per Curiam

Do not publish.

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