In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-16-00115-CR
WILLIAM WALLACE FREY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 336th District Court
Fannin County, Texas
Trial Court No. 23030
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
In late 2011, we affirmed the revocation of William Wallace Frey’s community supervision
after concluding that Frey’s appeal was frivolous.1
Since that time, Frey has filed numerous applications for the writ of habeas corpus in state
and federal courts. On April 25, 2016, Frey filed a document titled “Motion to Object to the
Court’s Order to Deny Applicant’s Writ.” Then, on June 20, 2016, Frey filed a document titled
“Notice of Appeal.”
It is impossible to determine from the face of the document titled “Notice of Appeal”
precisely what action of the trial court Frey seeks to have reviewed on appeal. To the extent that
Frey seeks to again appeal his adjudication for aggravated assault with a deadly weapon, we are
without jurisdiction to consider it. See TEX. R. APP. P. 19.1 (appellate court cannot vacate or
modify judgment after plenary power has expired); Minnfee v. Proyor, No. 01-12-00943-CV, 2013
WL 709254, at *1 (Tex. App.—Houston [1st Dist.] 2013, no pet.) (mem. op., not designated for
publication) (“Appellant is not entitled to a second appeal from the trial court’s judgment
dismissing the case.”).
Moreover, on the record before us, it does not appear that the trial court has entered an
appealable order or judgment since May 20, 2011, when it adjudicated Frey’s guilt on the
underlying charge. With a very few limited exceptions inapplicable to the facts here, the Texas
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Frey’s underlying charge was aggravated assault with a deadly weapon, for which the 336th Judicial District Court
of Fannin County had deferred adjudication and placed Frey on ten years’ deferred adjudication community
supervision. On the State’s motion, the trial court had revoked Frey’s community supervision, adjudicated him guilty
of aggravated assault with a deadly weapon, and on May 20, 2011, sentenced Frey to twenty years’ imprisonment.
The appeal of that action of the trial court was what we had determined was frivolous. Frey v. State, No. 06-11-00123-
CR, 2011 WL 6774175 (Tex. App.—Texarkana Dec. 21, 2011, no pet.) (mem. op., not designated for publication).
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Legislature has authorized appeals by criminal defendants only from written judgments of
conviction. See Gutierrez v. State, 307 S.W.3d 318, 321 (Tex. Crim. App. 2010); Ex Parte
Shumake, 953 S.W.2d 842, 844 (Tex. App.—Austin 1997, no pet.). In the absence of an appealable
judgment or order, we are without jurisdiction to hear this appeal.
By letter dated July 1, 2016, we notified Frey of this potential defect in our jurisdiction and
afforded him the opportunity to explain how we might have jurisdiction in this matter. Frey filed
a response in which he generally outlines what he believes to have been a series of mistakes made
during the course of his adjudication hearing and in the ensuing judgment, all of which must have
been raised and determined in his 2011 appeal. The response failed, however, to articulate how
these perceived mistakes confer jurisdiction on this Court over the instant appeal.
Because we are without jurisdiction over this attempted appeal, we dismiss this appeal for
want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: August 4, 2016
Date Decided: August 5, 2016
Do Not Publish
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