John Turner Gray v. The State of Texas Appeal from 366th Judicial District Court of Collin County (memorandum opinion )

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DISMISS; and Opinion Filed January 15, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01572-CR JOHN TURNER GRAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82519-2015 MEMORANDUM OPINION Before Justices Fillmore, Myers, and Whitehill Opinion by Justice Fillmore The Court has before it appellant’s January 13, 2016 motion to dismiss the appeal. Appellant states he inadvertently filed the notice of appeal in this trial court number along with the notices of appeal in other cases. However, the trial court had dismissed this case. A copy of the dismissal order is attached to the motion. Because the motion is not signed by appellant, we cannot treat it as a motion to dismiss under Texas Rule of Appellate Procedure 42.2(a). However, because there is no judgment of conviction or appealable order, there is nothing over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.) (Appellate courts may consider appeals by criminal defendants only after conviction or the entry of an appealable order.). Accordingly, we dismiss the appeal for want of jurisdiction. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 151572F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN TURNER GRAY, Appellant No. 05-15-01572-CR On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-82519-2015. Opinion delivered by Justice Fillmore, Justices Myers and Whitehill 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 this 15th day of January, 2016. –3–

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