The State of Texas v. Michael David Sheffield Appeal from County Court at Law No 2 of Brazos County (memorandum opinion by chief justice gray)
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IN THE TENTH COURT OF APPEALS No. 10-15-00349-CR THE STATE OF TEXAS, Appellant v. MICHAEL DAVID SHEFFIELD, Appellee From the County Court at Law No .2 Brazos County, Texas Trial Court No. 12-05273-CRM-CCL2 MEMORANDUM OPINION The State of Texas seeks to appeal from the trial court’s adverse ruling on the appellee’s motion to suppress. By letter dated January 6, 2016, the Clerk notified the State that the appeal was subject to dismissal because it appeared there was no final order to appeal and, thus, this Court had no jurisdiction of the appeal. See TEX. R. APP. P. 26.2; 44.3. Although the State indicated in its notice of appeal that an order granting appellee’s motion to suppress was signed on October 8, 2015, this Court has no formal order regarding the disposition of appellee’s motion. The State was also warned that this Court would dismiss this appeal unless, within 14 days of the date of the letter, a response was filed explaining why the Court has jurisdiction of this appeal. More than 14 days have passed, and the State has not filed a response. Accordingly, this appeal is dismissed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed January 28, 2016 Do not publish [CR25] State v. Sheffield Page 2
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