Thomas Drake Wheeler, Jr. v. The State of Texas--Appeal from 114th District Court of Smith County (per curiam)
Annotate this Case
Download PDF
NO. 12-11-00338-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS THOMAS DRAKE WHEELER, JR., APPELLANT § APPEAL FROM THE 114TH V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant, Thomas Wheeler, attempts to appeal from an order denying his motion for reformation of the judgment. 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. Therefore, we have no jurisdiction over the appeal. On October 27, 2011, 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 November 28, 2011, 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 nor otherwise responded to its October 27, 2011 notice. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 1 Opinion delivered December 7, 2011. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
