Rodney Brown v. State ( 2006 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00170-CR

______________________________

RODNEY BROWN, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

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On Appeal from the 76th Judicial District Court

Morris County, Texas

Trial Court No. 9056

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            The State of Texas has filed a motion seeking to dismiss this appeal filed by Rodney Brown, stating that Brown has escaped from custody. According to the motion, Brown was sentenced July 14, 2006, to sixty years' confinement and a $10,000.00 fine. Brown filed his notice of appeal August 2, 2006. He escaped from the Morris County jail August 13, 2006. More than ten days have passed since his escape, and Brown has not been found, nor has he voluntarily returned to lawful custody within the state. See Tex. R. App. P. 42.4. The State's motion is supported by an attached affidavit signed by the sheriff of Morris County in accordance with Rule 42.4.

            Pursuant to Tex. R. App. P. 42.4, we grant the motion and dismiss the appeal.

 

 

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          August 31, 2006

Date Decided:             September 1, 2006

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00027-CR

                                                ______________________________

 

 

                                     THE STATE OF TEXAS, Appellant

 

                                                                V.

 

                              SHANNON EARL KENDRICKS, Appellee

 

 

                                                                                                 Â

 

 

                                       On Appeal from the Sixth Judicial District Court

                                                             Lamar County, Texas

                                                            Trial Court No. 23408

 

                                                                                                  

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                      MEMORANDUM OPINION

 

            The State filed a notice of appeal February 19, 2010, from the trial court’s February 17, 2010, order granting the defendant’s motion to prevent the State from enhancing Shannon Earl Kendricks’ sentence to a habitual offender. 

            The State’s right of appeal is specified by statute. The State may appeal from an order dismissing a portion of an indictment, information, or complaint.  Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (Vernon Supp. 2009).  On our review of the clerk’s record, we noted that the enhancement paragraph in this case was not contained in the indictment, but in a “Notice of Intent to Seek Enhanced Sentence as a Habitual Offender Pursuant to Texas Penal Code Sec. 12.42.”  The trial court’s ruling was thus not a dismissal of a portion of the indictment.  The Texas Court of Criminal Appeals strictly construes the statutory requirements of Article 44.01, which establishes the State’s limited right of appeal.  State v. Riewe, 13 S.W.3d 408, 411 (Tex. Crim. App. 2000).

            After our receipt of the clerk’s record March 22, we notified the State by letter on that same date of the possible jurisdictional defect and requested that counsel, within ten days of the date of the letter, show this Court how it had jurisdiction.  We have received no response.

           

 

 

 

 

            There being no appealable order in the record, we dismiss this appeal for want of jurisdiction.

 

 

                                                                                                Jack Carter

                                                                                                Justice

 

Date Submitted:          April 20, 2010

Date Decided:             April 21, 2010

 

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