Opinion
No. 10-14-00102-CV
10-25-2017
EX PARTE N.C.
From the 12th District Court Walker County, Texas
Trial Court No. 26744
MEMORANDUM OPINION
N.C., an inmate, appeals the trial court's order denying his petition for expunction. N.C.'s appellate attorney filed a motion to withdraw and an Anders brief in support of the motion to withdraw, asserting that the appeal presents no issues of arguable merit. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel advised N.C. that counsel had filed the motion and brief pursuant to Anders and provided N.C. a copy of the record, advised N.C. of his right to review the record, and advised N.C. of his right to submit a response on his own behalf. N.C. submitted a response.
Counsel noted in counsel's Anders brief that there is no final order from which N.C. may appeal. We informed N.C. when we granted him additional time to file his response, that we questioned our jurisdiction to decide his appeal due to the lack of an appealable order. N.C. did not address in his response whether there was a final order in the record.
Further, N.C. was warned in a letter by the Clerk dated May 16, 2014 that there was no final, appealable order and that his appeal would be dismissed unless he filed a response showing grounds for continuing the appeal. N.C. never responded to that letter.
Accordingly, this appeal is dismissed. See TEX. R. APP. P. 26.1; 42.3(a).
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed October 25, 2017
[CV06]