Eric Loyd v. State

 

 

 

 

 

 

                                COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

 

                                        NO. 2-06-090-CR

 

 

ERIC LOYD                                                                         APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

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        FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY

 

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                                MEMORANDUM OPINION[1]

 

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Appellant Eric Loyd filed a notice of appeal on March 2, 2006, attempting to appeal from the trial court=s interlocutory order denying his motion to suppress.  The denial of a motion to suppress may not be appealed until after the final judgment is entered.  See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.CFort Worth 1996, no pet.).  No final judgment had been entered in this case when Loyd filed his notice of appeal.  We cannot treat Loyd=s notice of appeal as prematurely filed because no judgment of guilt had been entered when he filed his notice of appeal.  See Tex. R. App. P. 27.1(b).  Accordingly, we were concerned that we had no jurisdiction over this interlocutory appeal, and we sent a letter to Loyd on March 29, 2006, requesting a response showing grounds for continuing the appeal.  We received no response.  Therefore, we dismiss the appeal for want of jurisdiction.[2]  See Tex. R. App. P. 43.2(f).

 

PER CURIAM

 

PANEL D:   WALKER, J.; CAYCE, C.J.; and MCCOY, J.

 

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

 

DELIVERED: June 8, 2006



[1]See Tex. R. App. P. 47.4.

[2]Loyd is not precluded from filing a new notice of appeal now that the trial court has made a finding of guilt.