Clifford K. Phillips v. The State of Texas--Appeal from 252nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-10-00528-CR ________________ CLIFFORD K. PHILLIPS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 50530 ________________________________________________________________________ MEMORANDUM OPINION On December 2, 2010, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. We received no response. The notice of appeal seeks to appeal the trial court s order dismissing appellant s petition for access to clemency proceedings for lack of subject matter jurisdiction. The trial court s order is not appealable. See generally Ex parte Giles, 502 S.W.2d 774, 779 (Tex. Crim. App. 1973) ( Article IV, Sec. 11, Vernon s Ann. St. Const., grants to the 1 Governor the power, after conviction, and upon the recommendation of the Board of Pardons and Paroles to grant reprieves and commutations of punishments and pardons. ). Accordingly, we hold that the order from which appellant appeals is not appealable. The appeal is dismissed for want of jurisdiction. APPEAL DISMISSED FOR LACK OF JURISDICTION. ___________________________ STEVE McKEITHEN Chief Justice Opinion Delivered February 2, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2
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