Gary Ace Avant v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-09-00588-CR Gary Ace AVANT, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CR-1308 Honorable Juanita A. Vasquez-Gardner, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen A. Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: October 7, 2009 DISMISSED On August 9, 2009, appellant Gary Ace Avant filed a notice of appeal stating he was appealing within thirty (30) days of sentence having been imposed against Defendant on 11 day of July 2009 in said cause. However, the clerk s record does not contain a judgment or other appealable order of the trial court in this cause. Rather, the clerk s record contains a State s motion to dismiss this cause, which was signed by the trial court on June 11, 2009. The motion shows the 04-09-00588-CR State requested a dismissal because appellant was convicted in another case or count, specifically cause number 2008-CR-8981. Thus, it appeared to this court that we had no jurisdiction in this matter. In light of the foregoing, we ordered appellant to file a response showing why the appeal should not be dismissed for want of jurisdiction. See TEX . R. APP . P. 42.3(c). In response, appellant s appointed appellate counsel filed a response stating there is no final conviction in this case, and therefore no jurisdiction for this Court to consider the Appellant s purported appeal. 1 Accordingly, because there is no appealable judgment or order in this cause, we dismiss the appeal for want of jurisdiction. Id. R. 42.3(a). PER CURIAM DO NOT PUBLISH 1 ¦ Appellant notes there is an inconsistency in the clerk s record in that the Certificate of Notice of Appeal to the Fourth Court of Appeals, which was filed by the district clerk, indicates appellant was convicted in this matter. W e agree with appellant that this certificate is incorrect appellant was not convicted in this cause of any offense. --1 -2

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