Tammie M. Schulenberg v. State

NO. 07-04-0398-CR

NO. 07-04-0399-CR



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL D



MAY 13, 2005

______________________________



TAMMIE SCHULENBERG,



Appellant



v.



THE STATE OF TEXAS,



Appellee

_________________________________



FROM THE 114TH DISTRICT COURT OF SMITH COUNTY;



NOS. 241-0612-02 AND 241-0613-02; HON. CYNTHIA KENT, PRESIDING

_______________________________



DISMISSAL

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Before QUINN, REAVIS and CAMPBELL, JJ.

Appellant, Tammie Schulenberg, appeals from orders revoking her community supervision and sentencing her to imprisonment, such orders being entered in cause numbers 241-0612-02 and 241-0613-02. The certifications of appeal executed by the trial court do not disclose that she has a right to appeal from either order; rather they state that she waived same. By letter dated April 25, 2005, this court notified appellant of these circumstances and that the appeals were subject to dismissal. The court also requested that she either supply it with an amended certification illustrating that she has a right to appeal from the orders or inform us why we should continue the appeals. This was to be done by May 10, 2005. That deadline lapsed and we received neither a response nor amended certifications. Thus, we dismiss these appeals. See Tex. R. App. P. 25.2(d) (requiring that the appeal be dismissed if a certification that shows that the defendant has a right to appeal has not been made part of the record).

Accordingly, these appeals are dismissed.



Brian Quinn

Justice



Do not publish.

































yle="text-align: center">NO. 97,237-E; HONORABLE DOUGLAS WOODBURN, JUDGE

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER OF DISMISSAL

          Appellant, John D. Fails, Jr., filed suit against Michael Lowe, in his official capacity as a correctional officer at the Neal Unit of the Texas Department of Criminal Justice, and requested redress for retaliation and harassment as well for violations of his rights under the Texas Constitution. The trial court dismissed Fails’s suit on January 30, 2009.

          Fails filed his notice of appeal on March 19, 2009. Under the Texas Rules of Appellate Procedure, Fails’s notice of appeal was due no later than March 1. See Tex. R. App. P. 26.1. On April 21, 2009, the appellate clerk’s office sent Fails a letter stating that it appeared that our jurisdiction was not properly invoked. Further, the letter requested that Fails show how this court does have jurisdiction and why the appeal should not be dismissed for want of jurisdiction. To date, we have had no response to the court’s request. We have not received any explanation, reasonable or otherwise, to justify the late filing of the notice of appeal. See Miller v. Greenpark Surgery Assocs., Ltd., 974 S.W.2d 805, 808 (Tex.App.–Houston [14th Dist.] 1998, no pet.); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

          We, therefore, dismiss the appeal. See Tex. R. App. P. 42.3. 

 

                                                     Mackey K. Hancock

Justice