NO. 07-04-0494-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL D DECEMBER 10, 2004

______________________________ CALIP JOSEPH FARMER, APPELLANT

V. THE STATE OF TEXAS, APPELLE E

________________________________ FROM THE 251ST DISTRICT COURT OF RA NDALL COUNTY; NO. 15,78 8-C; HONO RABLE PATRICK P IRTLE, JU DGE

_______________________________ Before QUINN and REAVIS and CAMPBELL , JJ.
MEMORAND UM OPINION
On October 6, 2004, Calip Joseph F armer, acti ng pro se, filed a document entitled M oti on to Appeal with the Randall Cou nty District Clerk. The document bore two cause numbers in the 251st District Court of Randall County, 15,788-C and 15,792-C. The district clerk forwarded a copy of the document

to this court. Treating the document as a notice o f appeal i n both tri al court causes, t his court assigned two docket number s to the appeals and requested docketing statements. Tex.1 The letter addressed to Farmer was returned undelivered, but his counsel received

her copy of the letter and this court’s c lerk has further di scussed t he statusof trial court cause number 15,788-C by telephone with Farmer’s counsel

. -2- R. App. P. 32.2. To the appeal from cause number 1 5,788-C, we assigned number 07-04- 00494-CR; to the appeal from cause number 15,792-C , number 0 7-04-004 92-CR. Farmer responded to this court’s letter by filing, on October 13, 2004, two i dent ical docketing statements , each be aring nu mber 07–0 4-00494- CR. By letter dated October 12, 2004, the Honorable Patrick A. Pirtle, judge of the 251st District Court, communicated wit h Farmer c oncerning the document he had filed, and concerning appoint ment of co unsel. Judge Pirtle reminded Farmer that only cause number 15,792-Chad then been tried, and that cause numbe r 15,788-C remained on the trial
cou rt’s docket to

be tried . Judge P irtle al so remind ed Farmer that he a lready h ad court
appointed counsel in cause number 15,788-C. Since then, on receipt of an affidavit containing financial information, Judge Pirtle has appointed counsel for the appeal of cause number 15 ,792-C. T he clerk’ s record h as been f iled in that app eal.
With respect to number 07-04-00494-CR, based on Judge Pirtle’sletter, th is court sent a letter to Farmer and his trial co unsel stating it appeared no final order had been entered in the cause from which an appeal w ould lie. The letter directed Farmer to file, on
or before November 22, 2004, a res pon se stating the date of the judgment or order in
cause number 15,788-C that he was app ealing. We advised Farmer that failure to submit a response would subject the appeal to dismissal . No response has been submitted. 12 For this purpose, we may take judicial notice of the cle rk’s record filed in docke t

number 07-04-00 492-CR, a nd do so here. See Turn er v. Stat e , 733 S.W.2d 218, 223 (Tex.Cri m.App. 19 87). -3- The information in the document Farmer originally filed with the distri ct clerk on O ctober 10 and the information in the docketing statements he filed with this court all
conc ern his conv iction fo r burglar y of a hab itation, the charg e tried i n trial court c aus e number 15,792-C. 2 Information obtained by this court’s clerk by telephone from Farmer’s counsel in causenumber 1 5,788-C confirms th at the cas e still i s in its pretrial stage. Rule of App ell ate Procedure 27.1(b) provides that a prematurely filed notice of appeal i s effectiv e under s ome circumstances, but that a notice of appeal is not effective if filed be fore the t rial cou rtmakes a finding of guilt or receives ajury verdict. Tex. R. App. P. 27.1(b). Since c ause numb er 15,7 88-C has n ot been tried, no jury verdict has been received or findi ng of gui lt made, a nd the do cument Fa rmer filed in Octob er was not an effectivenotice of appeal of that ca use. Appeal in a criminal case is pe rfected by the timely filing of a sufficient notice of appeal. Tex. R. App. P. 2 5.2(b); see Slat on v. Sta te , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). We have no jurisdiction at this point over an ap peal from trial court cause number 15,788-C. Accordingly, the appeal pending in number 07-04-00494-CR is dismissed for want of jurisdiction. Tex. R. App. P. 43.2. James T. Campbell Justice Do not pu blish.