Jerimy Duane Mitchell v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-07-078 CR
____________________
JERIMY DUANE MITCHELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 88300
MEMORANDUM OPINION

The clerk's record, filed March 6, 2007, contains an order granting a motion for reconsideration of probation revocation in Cause No. 88300 and vacating the previous adjudication of guilt and sentence. The appellant was sentenced on January 26, 2007. He filed a motion for reconsideration of probation revocation and sentence on February 20, 2007. The trial judge signed an order granting the motion for reconsideration and vacating the previous adjudication of guilt and sentence on February 21, 2007. The trial court also entered an order extending the terms of appellant's community supervision for two years. It appears the order adjudicating appellant guilty and sentencing him to confinement was vacated within the period of the trial court's plenary power.

The Court finds it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

 

______________________________

STEVE McKEITHEN

Chief Justice

 

Opinion Delivered March 28, 2007

Do Not Publish

 

Before McKeithen, C.J., Kreger and Horton, JJ.