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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-130-CR
TOMMY RAY VIDAL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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Appellant Tommy Ray Vidal attempts to appeal from a Ajudgment on plea in bar,@ that is, from his admission of an unadjudicated offense under penal code section 12.45. See Tex. Penal Code Ann. ' 12.45 (Vernon 2003). Long‑standing precedent from the Texas Court of Criminal Appeals requires a Ajudgment of conviction@ before there can be an appeal by a defendant. Hilburn v. State, 946 S.W.2d 885, 886 (Tex. App.CFort Worth 1997, no pet.) (citing Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961)). A judgment on a plea in bar is not a judgment of conviction but rather a judgment that bars prosecution for the offense admitted by the defendant under section 12.45. Hilburn, 946 S.W.2d at 886. Therefore, we lack jurisdiction over an appeal from a judgment on a plea in bar. Id.
On April 12, 2007, we notified Appellant that we were concerned that we lacked jurisdiction over this appeal and stated that the appeal would be dismissed unless any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Appellant=s appointed counsel filed a response, stating that she agreed that we lack jurisdiction over this appeal.
For these reasons, we dismiss the appeal for want of jurisdiction.[2] See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL D: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 17, 2007
[1]See Tex. R. App. P. 47.4.
[2]Appellant=s appeals in case numbers 02-07-128-CR and 02-07-129-CR remain pending in this court.