Opinion
NUMBER 13-20-00463-CR
02-11-2021
MICHAEL CANO, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 290th District Court of Bexar County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Tijerina
Memorandum Opinion by Justice Tijerina
This matter is before the Court on appellant's motion for extension of time to file writ. On November 5, 2020, the Clerk of the Court sent notice to appellant that the order he attempted to appeal was not a final appealable order. The clerk further notified appellant that if the defect is not corrected within thirty days the appeal may be subject to dismissal for want of prosecution. After that notice, the Court received the motion for extension of time to file writ but received no other response or attempt to cure the defect.
This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio, pursuant to docket equalization order Misc. Docket No. 20-9117, issued by the Supreme Court of Texas. --------
Generally, a state appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). Exceptions to the general rule include: (1) certain appeals while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); (2) appeals from the denial of a motion to reduce bond, Tex. R. App. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex. App.--Dallas 1998, no pet.); McKown, 915 S.W.2d at 161.
Our review of the documents before the Court shows that appellant's case is still pending in the trial court and it does not reveal any appealable orders entered by the trial court within thirty days before the filing of appellant's notice of appeal. Moreover, the notice of appeal cannot be construed as premature because it was filed before the trial court has made a finding of guilt or has received a jury verdict. See Tex. R. App. P. 27.1(b).
The Court, having examined and fully considered the notice of appeal and motions filed by appellant, is of the opinion that there is not an appealable order and this Court lacks jurisdiction over the matters herein. Accordingly, appellant's motion for extension of time to file writ is denied as moot and this appeal is dismissed for lack of jurisdiction.
JAIME TIJERINA
Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed on the 11th day of February, 2021.