IN THE
TENTH COURT OF APPEALS
No. 10-11-00112-CR
DAYRIN LAMOND ROBINSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 23761CR
MEMORANDUM OPINION
Appellant Dayrin Lemond Robinson filed a pro se notice of appeal. Robinson is
attempting to appeal the trial court’s denial of his motion to dismiss indictment, motion
to discharge (the restraints and disabilities from the order of community supervision),
and motion to withdraw plea. In an opinion issued last year, we detailed the
background of Robinson’s underlying case. Ex parte Robinson, No. 10-10-00048-CR, 2010
WL 2629857 (Tex. App.—Waco June 30, 2010, no pet.) (mem. op., not designated for
publication).
In a letter dated April 19, 2011, the Clerk of this Court warned Robinson that this
appeal was subject to dismissal for want of jurisdiction because it appeared that this
Court does not have jurisdiction of his appeal of the denial of his motion to dismiss
indictment, motion to discharge, and motion to withdraw plea. See Abbott v. State, 271
S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether
appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91
S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (stating that this court has jurisdiction
over criminal appeals only when expressly granted by law). We warned Robinson that
we would dismiss his appeal unless, within 21 days, he showed grounds for continuing
it. Robinson has not responded to the Clerk’s warning.
This appeal is dismissed for lack of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed May 25, 2011
Do not publish
[CR25]
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