ACCEPTED
01-15-00915-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/29/2015 9:50:10 AM
CHRISTOPHER PRINE
CLERK
1201 Franklin Street, 13th Floor
Houston, Texas 77002
713.368.0016 FILED IN
713.437.4322 Fax 1st COURT OF APPEALS
HOUSTON, TEXAS
10/29/2015 9:50:10 AM
CHRISTOPHER A. PRINE
Clerk
October 29, 2015
Mr. Chris Prine, Clerk
First Court of Appeals
301 Fannin Street
Houston, TX 77002
re: Jose Carapia v. State; Cause Number 01-15-00915-CR
Dear Mr. Prine:
I was appointed to represent Mr. Carapia on appeal. After a review of the docket
and documents in the case, there is no order in which to appeal. The relevant dates are:
August 12, 2013 Mr. Carapia was indicted for aggravated assault
June 27, 2014 Mr. Carapia was convicted by a jury and sentenced to 4 years TDC,
probated for 6 years.
January 6, 2015 The State filed a motion to revoke probation
October 2, 2015 The State dismissed the motion to revoke probation
October 9, 2015 Mr. Carapia filed a Notice of Appeal
It appears that there is no appealable order. A motion to dismiss cannot be
appealed. And if Mr. Carapia is appealing the original judgment, then the notice is untimely.
This appeal should be dismissed for want of jurisdiction. See Singletary v. State, 2014 WL
810838 (Tex. App. – Houston [1st Dist.] 2014, pdr ref’d).
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Jani J. Maselli Wood
______________________
JANI J. MASELLI WOOD
Assistant Public Defender
Harris County Texas
1201 Franklin, 13th Floor
Houston Texas 77002
Jani.Maselli@pdo.hctx.net
(713) 368-0016
(713) 437-4322 (fax)
TBA No. 00791195
Certificate of Service
Pursuant to Tex. R. App. Proc. 9.5, this certifies that on October 29,
2015, a copy of the foregoing was served electronically to counsel for the state
(through texfile.com) at the following address:
Alan Curry
Harris County District Attorney’s Office
1201 Franklin Street, 6th Floor
Houston, TX 77002
curry_alan@dao.hctx.net
A copy was hand-delivered to the Honorable Judge Jan Krocker.
/s/ Jani Maselli Wood
______________________________
JANI J. MASELLI WOOD