Court of Civil Appeals of Texas, 2024

Denzel Joseph Johnson v. the State of Texas

Denzel Joseph Johnson v. the State of Texas
Court of Civil Appeals of Texas · Decided September 18, 2024

Denzel Joseph Johnson v. the State of Texas

Opinion

Dismissed and Opinion Filed September 18, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01059-CR DENZEL JOSEPH JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82817-2023 MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Smith In this case, there is no conviction because the trial court granted the State’s Motion to Dismiss Prosecution. Generally, this Court has jurisdiction to consider appeals by criminal defendants only after a judgment of conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Because there is no judgment of conviction or other appealable order, we lack jurisdiction over this appeal.

We requested the parties to file letter briefs addressing this Court’s jurisdiction. Appellant’s counsel filed a brief stating the notice of appeal was filed in error and agreeing that this Court does not have jurisdiction.

We dismiss this appeal for want of jurisdiction.1

241059f.u05 /Craig Smith// Do Not Publish CRAIG SMITH TEX. R. APP. P. 47.2(b) JUSTICE

Appellant’s appeal in cause number 05-24-01019-CR remains pending before this Court.

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DENZEL JOSEPH JOHNSON, On Appeal from the 366th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 366-82817- No. 05-24-01059-CR V. 2023.

Opinion delivered by Justice Smith.

THE STATE OF TEXAS, Appellee Justices Pedersen, III and Garcia participating.

Based on the Court’s opinion of this date, this appeal is DISMISSED for want of jurisdiction.

Judgment entered this 18th day of September, 2024.

–3–

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