JEFFREY SHARP v. STATE OF TEXAS (2011)

Opinion filed July 7, 2011

In The

Eleventh Court of Appeals

No. 11–11–00104–CR

On Appeal from the 33rd District Court

Burnet County, Texas

Trial Court Cause No. 37328

M E M O R A N D U M O P I N I O N

Jeffrey Sharp ¹ filed a notice of appeal in the Third Court of Appeals on March 14, 2011, indicating a desire to appeal his “conviction” in trial court cause no. 37328.   The clerk's record, which has recently been received in this court, indicates that there is no judgment of conviction in cause no. 37328 but that this cause related only to a pre-indictment application for writ of habeas corpus seeking bail.   Appellant filed the application on February 18, 2010, and the trial court heard the matter on March 24, 2010.   We dismiss the appeal.

Prior to the filing of the notice of appeal in this cause, appellant was indicted, tried, and convicted of the underlying offense under a different cause number:  trial court cause no. 38,147, which is cause

Do not publish.   See Tex.R.App. P. 47.2(b).

Panel ² consists of:  Wright, C.J.,

McCall, J., and Hill, J.³

FOOTNOTES

FN1. We note that, in the notice of appeal and the other documents filed by appellant's attorney, appellant's first name is spelled “Jeffery.”   However, in the document prepared by the district clerk, in appellant's signature, and also in the indictment and judgment in the companion case (our cause no.   11–11–00107–CR), the spelling is “Jeffrey.”.  FN1. We note that, in the notice of appeal and the other documents filed by appellant's attorney, appellant's first name is spelled “Jeffery.”   However, in the document prepared by the district clerk, in appellant's signature, and also in the indictment and judgment in the companion case (our cause no.   11–11–00107–CR), the spelling is “Jeffrey.”

FN2. Rick Strange, Justice, resigned effective April 17, 2011.   The justice position is vacant pending appointment of a successor by the governor..  FN2. Rick Strange, Justice, resigned effective April 17, 2011.   The justice position is vacant pending appointment of a successor by the governor.

FN3. John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment..  FN3. John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.