Denzel Joseph Johnson v. the State of Texas

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Do Not Publish CRAIG SMITH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.

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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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