CourtListener 10124699•Denzel Joseph Johnson v. the State of Texas
Full text
Dismissed and Opinion Filed September 18, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01059-CR
DENZEL JOSEPH JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-82817-2023
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Smith
In this case, there is no conviction because the trial court granted the State’s
Motion to Dismiss Prosecution. Generally, this Court has jurisdiction to consider
appeals by criminal defendants only after a judgment of conviction. Wright v. State,
969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Because there is no
judgment of conviction or other appealable order, we lack jurisdiction over this
appeal.
We requested the parties to file letter briefs addressing this Court’s
jurisdiction. Appellant’s counsel filed a brief stating the notice of appeal was filed
in error and agreeing that this Court does not have jurisdiction.
We dismiss this appeal for want of jurisdiction.1
241059f.u05 /Craig Smith//
Do Not Publish CRAIG SMITH
TEX. R. APP. P. 47.2(b) JUSTICE
1
Appellant’s appeal in cause number 05-24-01019-CR remains pending before this Court.
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DENZEL JOSEPH JOHNSON, On Appeal from the 366th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 366-82817-
No. 05-24-01059-CR V. 2023.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Pedersen, III and Garcia
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered this 18th day of September, 2024.
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