The State of Texas v. Tyrus Doctor--Appeal from County Court at Law No 2 of Jefferson County (majority)
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-11-00437-CR ________________ THE STATE OF TEXAS, Appellant V. TYRUS DOCTOR, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 2 Jefferson County, Texas Trial Cause No. 284052 ________________________________________________________________________ MEMORANDUM OPINION Tyrus Doctor filed a notice of appeal of his conviction in Trial Cause No. 284052. The trial court granted a motion for new trial while the court maintained plenary power over the case. See Tex. R. App. P. 21.8(a). On September 22, 2011, this Court notified the parties that unless our jurisdiction over the appeal was established, the appeal would be dismissed for lack of jurisdiction. No reply has been filed. The State subsequently filed a notice of appeal of the trial court s order granting Doctor s motion for new trial. On October 19, 2011, the State filed a motion to dismiss its appeal. The State s request to dismiss the appeal is signed by the District Attorney 1 personally. No response to the State s request has been filed. No opinion has issued in this appeal. Doctor s notice of appeal invoked the Court s appellate jurisdiction to review a judgment of conviction that has been vacated. The Court finds it lacks jurisdiction over Doctor s appeal. In addition, the State s motion to dismiss its appeal is granted. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Opinion Delivered November 9, 2011 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2
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