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Todd Alley v. State
12-17-00335-CR
| Tex. App. | Dec 6, 2017
|
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Case Information

*1 NOS. 12-17-00335-CR 12-17-00336-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS TODD ALLEY, § APPEALS FROM THE 114TH APPELLANT § JUDICIAL DISTRICT COURT

APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION

PER CURIAM These appeals are being dismissed for want of jurisdiction. Todd Alley, acting pro se, filed a notice of appeal challenging the denial of his motion to dismiss charges and the denial of his motion requesting protection from retaliation, and asking this Court to grant his motion to dismiss and a motion to remove his appointed standby counsel. On November 1, 2017, this Court notified Appellant that his notice of appeal does not show the jurisdiction of this Court, i.e., the orders being appealed are not appealable. We informed Appellant that his appeals would be dismissed unless the information was amended on or before December 1 to show this Court’s jurisdiction. The deadline has passed and Appellant has neither shown the jurisdiction of this Court nor otherwise responded to the November 1 notice.

As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction. See State v. Sellers , 790 S.W.2d 316, 321 n.4. (Tex. Crim. App. 1990); see also Workman v. State , 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). However, there are certain narrow exceptions. Wright v. State , 969 S.W.2d 588, 589 (Tex. App.–Dallas 1998, no pet.) (listing exceptions). The orders Appellant complains of are not judgments of conviction nor do they fall within any exception to the general rule. Therefore, because we have no jurisdiction over the appeals, we dismiss the appeals for want of jurisdiction .

Opinion delivered December 6, 2017.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH) 2 *3 Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

*4 Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

Case Details

Case Name: Todd Alley v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 6, 2017
Docket Number: 12-17-00335-CR
Court Abbreviation: Tex. App.
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