Franklin Lee Ray v. The State of Texas Appeal from 238th District Court of Midland County (memorandum opinion per curiam)

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Opinion filed March 10, 2016 In The Eleventh Court of Appeals ___________ No. 11-16-00052-CR ___________ FRANKLIN LEE RAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 385th District Court Midland County, Texas Trial Court Cause No. CR39139 MEMORANDUM OPINION Franklin Lee Ray has filed a pro se notice of appeal from an order denying his request for standby appointed counsel. We dismiss the appeal. The clerk of this court wrote Appellant on February 9, 2016, and informed him that it did not appear that his notice of appeal related to a final, appealable order. We requested that Appellant respond on or before February 24, 2016, and show grounds to continue the appeal. We have received no response from Appellant other than a reply indicating that he received the February 9 letter. An appellate court has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction or as otherwise authorized by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). An order denying the appointment of counsel is not an appealable order under TEX. R. APP. P. 25.2(a)(2). Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). Absent an appealable order, we have no jurisdiction at this time to entertain this appeal. Consequently, the appeal is dismissed for want of jurisdiction. PER CURIAM March 10, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2

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