IN THE TENTH COURT OF APPEALS No. 10-24-00127-CR JERRY DON ELDERS, Appellant v. THE STATE OF TEXAS, Appellee

From the 413th District Court Johnson County, Texas Trial Court No. DC-F202100474

MEMORANDUM OPINION We received from the Johnson County District Clerk the notice of appeal of the capital murder conviction of Jerry Don Elders for which the death penalty was imposed.

By letter dated May 7, 2024, the Clerk of this Court notified Elders that his appeal was subject to dismissal because, as a court of appeals, we have no jurisdiction of an appeal from a case in which the death penalty has been assessed. See TEX. CONST. ART. V, § 5(b).

By the same letter, Elders was warned that the appeal would be dismissed unless, within days from the date of the letter, Elders filed a response with the Court showing grounds for continuing the appeal. More than 10 days have passed, and Elders has not filed a response.

Accordingly, this appeal is dismissed. See TEX. R. APP. P. 44.3.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed May 23, 2024 Do not publish [CRPM]

Elders v. State Page 2