Guadalupe Valdez v. The State of Texas--Appeal from 251st District Court of Potter County
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NO. 07-06-0125-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A APRIL 24, 2006 ______________________________ GUADALUPE VALDEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 50,196-C; HONORABLE PATRICK A. PIRTLE, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION On March 6, 2006, appellant Guadalupe Valdez filed notices of appeal in trial court cause numbers 50,139-C and 50,196-C. The clerk s record has been filed in 50,139-C, and a motion for extension of time has been filed in 50,196-C indicating appellant has not paid nor made arrangements to pay for the record. The State filed and the trial court granted a motion to dismiss the charge against appellant in cause number 50,196-C. We dismiss for want of jurisdiction. Generally, this Court has jurisdiction to consider an appeal where there has been a judgment of conviction. See Petty v. State, 800 S.W.2d 582, 583 (Tex.App. Tyler 1990, no pet.). An order dismissing an indictment is not an order from which an appeal can be perfected. See generally id. at 583-84 (applying federal law holding that dismissal of an indictment is not an appealable order and review of a dismissal order must await the outcome of a trial). Accordingly, the clerk s motion for extension of time is rendered moot and this purported appeal is dismissed for want of jurisdiction.1 Don H. Reavis Justice Do not publish. 1 Our disposition in this cause does not affect appellant s appeal in trial court cause number 50,139-C, our cause number 07-06-0124-CR. 2
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