Shawn Gollihugh v. The State of Texas

Summary

The Ninth Court of Appeals of Texas dismissed Shawn Gollihugh’s appeal in Trial Cause Number 23-06-09471 because the trial court had dismissed that cause number and had not convicted or sentenced him in it. The court cited Texas Rule of Appellate Procedure 43.2(f) and noted that Gollihugh’s appeals in two other cause numbers remained pending.

Holdings

1. Because the trial court dismissed Trial Cause Number 23-06-09471 and did not convict or sentence Gollihugh in that cause, the court of appeals lacked a basis to continue the appeal and dismissed it.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from a trial cause that had been dismissed without a conviction or sentence.
2. Whether the appeal should be dismissed after the appellant failed to timely respond to the court's jurisdictional notice.

Disposition

dismissed