Mercado, Joselito Flores v. The State of Texas--Appeal from 262nd District Court of Harris County

Dismissed and Opinion filed September 26, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00952-CR

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JOSELITO FLORES MERCADO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 899,696

M E M O R A N D U M O P I N I O N

This purported appeal has been assigned to this Court in error. Appellant has been charged in trial court cause number 899,696 with violating the provisions of the Sex Offender Registration Program. See Tex. Code Crim. Proc. Ann. art. 62.10. In trial court cause number 917,476, appellant filed an application for a pretrial writ of habeas corpus to challenge the constitutionality of the statute under which he is charged. The trial court granted the writ, but after a hearing, denied relief.

Appellant perfected an appeal from the denial of habeas relief, and that appeal has been assigned to this Court under appellate cause number 14-02-00750-CR. As part of that appeal, appellant=s counsel requested that the record from the underlying case, trial court number 899,696, be transmitted to the court of appeals because the trial court had taken judicial notice of the record when it considered the writ. The Harris County District Clerk=s office mistakenly assigned a new appeal of trial court cause number 899,696 to this Court, and submitted the clerk=s record in that case for filing. This Court docketed the appeal in the underlying case in cause number 899,696 under our appellate cause number 14-02-00952-CR. This appeal in trial court cause number 899,696, appellate cause number 14-02-00952-CR is premature because appellant has not yet been convicted or sentenced and there is no appealable order in the record filed in this case. See generally Tex. R. App. P. 26.2(a)(1) (stating notice of appeal is due within 30 days after sentence is imposed or 30 days after trial court enters an appealable order).

Accordingly, this appeal is ordered dismissed. The clerk=s record on file under appellate cause number 14-02-00952-CR is ordered, by separate order issued this date, transferred to, and filed with, the papers on file in the appeal from the denial of habeas relief under appellate cause number 14-02-00750-CR.

PER CURIAM

Judgment rendered and Opinion filed September 26, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish Tex. R. App. P. 47.3(b).