Lloyd Andrew Chambers v. the State of Texas ( 2021 )


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  • Appeal Dismissed and Majority and Dissenting Opinions filed December 2,
    2021.
    In The
    Fourteenth Court of Appeals
    NO. 14-20-00754-CR
    LLOYD ANDREW CHAMBERS, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the County Criminal Court at Law No. 4
    Harris County, Texas
    Trial Court Cause No. 5823
    MAJORITY OPINION
    Appellant was convicted in a municipal court of the offense of failing to
    wear a seat belt while operating a commercial vehicle. Appellant appealed to the
    county criminal court of law. The record before this court contains no order or
    judgment, although it does contain an opinion.
    Pursuant to Texas Government Code section 30.00027(b), an appellant may
    petition the Courts of Appeals but must follow the provisions of the Code of
    Criminal Procedure relating to direct appeals from a county or a district court to
    the court of appeals with the narrow exception that the briefs and record at the
    county criminal court at law may be filed directly with the Court of Appeals. Tex.
    Gov’t Code Ann. § 30.00027(b).
    In accordance with the Texas Rules of Appellate Procedure, the notice of
    appeal must be filed within 30 days after the day the trial court enters an
    appealable order. See Tex. R. App. P. 26.2(a)(1). Although there is an opinion
    from the court below here, the record contains neither a judgment nor an order.
    Without a judgment or other appealable order, this Court has no jurisdiction
    to entertain an appeal and the appeal must be dismissed. See Solon v. State, No.
    05-97-01122-CR, 
    1997 WL 599151
    , at *1 (Tex. App.—Dallas Sept. 30, 1997, no
    pet.) (not designated for publication) (dismissing attempted appeal from county
    court where record contained no judgment or appealable order).
    Accordingly, we dismiss this appeal because there is not yet a final order in
    the appeal below.
    /s/       Meagan Hassan
    Justice
    Panel consists of Justices Jewell, Bourliot, and Hassan (Jewell, J., dissenting).
    Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-20-00754-CR

Filed Date: 12/2/2021

Precedential Status: Precedential

Modified Date: 12/6/2021