Jerry Don Elders v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-24-00127-CR

JERRY DON ELDERS,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 413th District Court
Johnson County, Texas
Trial Court No. DC-F202100474

MEMORANDUM OPINION

We received from the Johnson County District Clerk the notice of appeal of the

capital murder conviction of Jerry Don Elders for which the death penalty was imposed.

By letter dated May 7, 2024, the Clerk of this Court notified Elders that his appeal was

subject to dismissal because, as a court of appeals, we have no jurisdiction of an appeal

from a case in which the death penalty has been assessed. See TEX. CONST. ART. V, § 5(b).

By the same letter, Elders was warned that the appeal would be dismissed unless, within

10 days from the date of the letter, Elders filed a response with the Court showing
grounds for continuing the appeal. More than 10 days have passed, and Elders has not

filed a response.

Accordingly, this appeal is dismissed. See TEX. R. APP. P. 44.3.

TOM GRAY
Chief Justice

Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed May 23, 2024
Do not publish
[CRPM]

Elders v. State Page 2