Charles Cleveland Nowden v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NOS. 02-12-00618-CR 02-12-00619-CR 02-12-00620-CR 02-12-00621-CR CHARLES CLEVELAND NOWDEN APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------- Appellant Charles Cleveland Nowden attempts to appeal from his pro se ―Motion to Remove False Information and a New Sentenc[]ing Trial‖ filed in each of his four cases. In each case, the trial court has not issued a ruling or an order regarding this pro se motion. See Tex. R. App. P. 26.2(a) (providing that a 1 See Tex. R. App. P. 47.4. criminal defendant may appeal when ―the trial court enters an appealable order‖). Also, there are no final judgments in trial court cause numbers 1080543D (our cause number 02-12-00618-CR), 1123416D (our cause number 02-12-00619- CR), and 1223861D (our cause number 02-12-00621-CR). See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (holding that we generally have jurisdiction to consider an appeal by a criminal defendant only when there has been a judgment of conviction). The remaining case, trial court cause number 1182411D and our cause number 02-12-00620-CR, was previously appealed to this court in our cause number 02-11-546-CR and transferred to the Seventh Court of Appeals; an opinion in that case issued on April 11, 2013, affirming Nowden’s conviction. See Nowden v. State, No. 07-12- 0037-CR, 2013 WL 1501786, at *1 (Tex. App.—Amarillo Apr. 11, 2013, no pet. h.); see also State v. Patrick, 86 S.W.3d 592, 594–96 (Tex. Crim. App. 2002) (orig. proceeding) (holding that a trial court’s jurisdiction expires when a case becomes final or is taken to a higher court). On January 9, 2013, we notified Nowden that these appeals could be dismissed for the above reasons unless he or any party desiring to continue the appeals filed a response on or before January 22, 2013, showing grounds for continuing the appeals. See Tex. R. App. P. 44.3. No response was filed. Accordingly, we dismiss these appeals. See Tex. R. App. P. 43.2(f). PER CURIAM 2 PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: May 2, 2013 3