Ex Parte Douglas Ray Evans v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-23-00375-CR

EX PARTE DOUGLAS RAY EVANS

From the 19th District Court
McLennan County, Texas
Trial Court No. 2017-1876-C1

MEMORANDUM OPINION

A document, specifically addressed to this Court and entitled, “Rebuttal of State

Finding of Fact and Conclusions of Law,” was received from Douglas Ray Evans on

November 20, 2023. This document was interpreted and filed by this Court on November

21, 2023, as a notice of appeal.

By letter dated November 28, 2023, the Clerk of this Court notified Evans that his

appeal was subject to dismissal because there was no final, appealable judgment or order

from which to appeal. See TEX. R. APP. P. 26.2(a). Specifically, the Clerk informed Evans

that findings of fact and conclusions of law were not separately appealable. In the same

letter, the Clerk warned Evans that the appeal would be dismissed unless, within 21 days

from the date of the letter, Evans responded and explained what he attempted to appeal
and how the Court had jurisdiction of the appeal. Evans timely responded and informed

the Court that the document was intended to be sent to the 19th District Court in

McLennan County, Texas, not this Court.

Accordingly, based on Evans’ representation, we dismiss this appeal and return

the original document to Evans. The Court has maintained a copy of the document in

Court’s TAMES filing system under this appellate case number.

TOM GRAY
Chief Justice

Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed January 4, 2024
Do not publish
[OT06]

Ex parte Evans Page 2