Court of Civil Appeals of Texas, 2022

Ex Parte James Floyd

Ex Parte James Floyd
Court of Civil Appeals of Texas · Decided January 13, 2022

Ex Parte James Floyd

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00183-CR ___________________________ EX PARTE JAMES FLOYD

On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. D396-1494376-00

Before Bassel, Womack, and Wallach, JJ.

Per Curiam Memorandum Opinion MEMORANDUM OPINION In June 2021, Appellant James Floyd filed a pro se pretrial application for writ of habeas corpus. Appellant subsequently filed a notice of appeal.

On December 2, 2021, we informed Appellant of our concern that we lacked jurisdiction over this appeal because the trial judge had not signed a written order denying the requested habeas relief. In our letter, we stated that unless Appellant or another party filed a response within ten days showing grounds for continuing the appeal, we could dismiss the appeal. See Tex. R. App. P. 44.3. Appellant timely filed a response, but it does not assert that a written order denying habeas relief now exists.

The rules of appellate procedure provide that a criminal defendant has the right to appeal a judgment of guilt or other appealable order. See Tex. R. App. P. 25.2(a)(2).

Because no appealable written order exists in this case, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

Per Curiam Do Not Publish Tex. R. App. P. 47.2(b) Delivered: January 13, 2022

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