David Lee Daugherty v. State of Texas ( 2001 )

                                   NUMBER 13-01-081-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

DAVID LEE DAUGHERTY,                                                      Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

____________________________________________________________________

                        On appeal from the 359^th District Court

                              of Montgomery County, Texas.

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                            O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, DAVID LEE DAUGHERTY, attempted to perfect an appeal from an order entered by the 359th District Court of Montgomery County, Texas, in cause no. 93-04-00338-CR.  The clerk=s record was received on February 5, 2001. 

Upon review of the clerk=s record, it appeared that the order from which this appeal was taken was not an appealable order.  Pursuant to Tex. R. App. P. 42.3, notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Additionally, the parties were requested to brief the issue of whether this was an appealable order.  The parties= responses were received on May 18, 2001 and May 21, 2001. 

The Court, having considered the documents on file and the parties= responses, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 21^st  day of November, 2001.