Christopher Johnson v. The State of Texas--Appeal from 362nd District Court of Denton County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-318-CR

CHRISTOPHER JOHNSON APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION[1]

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On January 15, 1998, pursuant to Appellant Christopher Johnson=s negotiated guilty plea, the trial court sentenced him to nine months= confinement in the county jail for the state jail felony of possession of a controlled substance. This judgment was not appealed.

On July 2, 2007, Appellant, now apparently incarcerated in another state, filed a AMotion to Vacate Judgment due to Voidness, and Fraud.@ The trial court denied Appellant=s motion, and he filed a notice of appeal attempting to appeal from that order. We sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction because no statute authorizes an appeal from such an order.[2] Generally, criminal defendants may appeal only from a final judgment, not interlocutory orders such as this one.[3] We do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law.[4] Because Appellant has filed two appeals here in recent months, we also point out that this court is not a proper forum for any appellate relief he seeks regarding his 1998 conviction and sentence.

Appellant=s response does not show valid grounds for continuing the appeal. Accordingly, we dismiss this case for want of jurisdiction.[5]

PER CURIAM

PANEL D: DAUPHINOT, LIVINGSTON and HOLMAN, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: October 18, 2007

[1]See Tex. R. App. 47.4.

[2]See Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 2002).

[3]See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990); Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.CFort Worth 2004, pet. ref=d).

[4]Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see Bridle v. State, 16 S.W.3d 906, 907-08 (Tex. App.CFort Worth 2000, no pet.).

[5]See Tex. R. App. P. 43.2(f).