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MEMORANDUM OPINION
No. 04-09-00588-CR
Gary Ace AVANT,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-1308
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen A. Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 7, 2009
DISMISSED
On August 9, 2009, appellant Gary Ace Avant filed a notice of appeal stating he was
appealing “within thirty (30) days of sentence having been imposed against Defendant on 11 day of
July 2009 in said cause.” However, the clerk’s record does not contain a judgment or other
appealable order of the trial court in this cause. Rather, the clerk’s record contains a State’s motion
to dismiss this cause, which was signed by the trial court on June 11, 2009. The motion shows the
04-09-00588-CR
State requested a dismissal because appellant “was convicted in another case or count,” specifically
cause number 2008-CR-8981. Thus, it appeared to this court that we had no jurisdiction in this
matter.
In light of the foregoing, we ordered appellant to file a response showing why the appeal
should not be dismissed for want of jurisdiction. See TEX . R. APP . P. 42.3(c). In response,
appellant’s appointed appellate counsel filed a response stating “there is no final conviction in this
case, and therefore no jurisdiction for this Court to consider the Appellant’s purported appeal.”1
Accordingly, because there is no appealable judgment or order in this cause, we dismiss the
appeal for want of jurisdiction. Id. R. 42.3(a).
PER CURIAM
DO NOT PUBLISH
1
… Appellant notes there is an inconsistency in the clerk’s record in that the “Certificate of Notice of Appeal
to the Fourth Court of Appeals,” which was filed by the district clerk, indicates appellant was convicted in this matter.
W e agree with appellant that this certificate is incorrect – appellant was not convicted in this cause of any offense.
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