William James Stewart v. The State of Texas--Appeal from 294th District Court of Van Zandt County
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NO. 12-10-00229-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS WILLIAM JAMES STEWART, APPELLANT ' APPEAL FROM THE 294TH V. ' JUDICIAL DISTRICT COURT OF THE STATE OF TEXAS, APPELLEE ' VAN ZANDT COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant, William James Stewart, attempts to appeal from an order denying his motion for appointment of counsel to assist him with his habeas corpus proceedings. As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction. See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (Tex. Crim. App.1961). However, there are certain narrow exceptions. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.) (listing exceptions). The order Appellant complains of is not a judgment of conviction nor does it fall within any exception to the general rule.1 Therefore, we have no jurisdiction over the appeal. On July 19, 2010, this court notified Appellant that the information received in this appeal does not include a final judgment or other appealable order and therefore does not show the jurisdiction of this court. See TEX. R. APP. P. 37.2. Appellant was further notified that the appeal would be dismissed unless the information was amended on or before August 18, 2010, to show the jurisdiction of this court. See TEX. R. APP. P. 44.3. This deadline has now passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its July 19, 2010, notice. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Opinion delivered August 25, 2010. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) 1 Moreover, this court has no jurisdiction in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony convictions. See TEX. CODE CRIM. PROC. ANN. art. 11.07 ยง 3 (Vernon Supp. 2009).
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