Terry Clark Shelton v. The State of TexasAppeal from 291st Judicial District Court of Dallas County (memorandum opinion )

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DISMISS; Opinion issued May 8, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00507-CR TERRY CLARK SHELTON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F09-20518-U MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Bridges Terry Clark Shelton was convicted of aggravated robbery. Punishment, enhanced by two prior felony convictions, was assessed at fifty years imprisonment, and was imposed in open court on November 5, 2010. On February 20, 2013, appellant filed a motion in the trial court seeking a free copy of the record for his case. It does not appear the trial court ruled on appellant s motion, but appellant filed a notice of appeal on March 29, 2012. Absent a judgment of conviction or appealable order, the Court has no jurisdiction over an appeal. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App. Dallas ). Moreover, an order denying appellant a copy of the record is not an appealable order. See Wright v. State, 969 S.W.2d 588, 589 90 (Tex. App. Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction. /David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47 130507F.U05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TERRY CLARK SHELTON, Appellant No. 05-13-00507-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F09-20518-U. Opinion delivered by Justice Bridges, Justices Moseley and Lang-Miers participating. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered May 8, 2013. /David L. Bridges/ DAVID L. BRIDGES JUSTICE 3

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