Opinion
04-21-00297-CR
01-26-2022
Kevin DEBNAM, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR6484 Honorable Stephanie R. Boyd, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
Appellant filed a pro se notice of appeal on July 16, 2021 after he was found guilty of aggravated assault with a deadly weapon. The clerk's record and a supplemental clerk's record were filed on July 26, 2021 and August 19, 2021, respectively. Neither record contained a final judgment. The deputy clerk of this court contacted the trial court clerk and determined that appellant had not yet been sentenced and the sentencing hearing was set for September 13, 2021. Appellant's notice of appeal was therefore filed prematurely. See Tex. R. App. P. 27.1(b) (a prematurely filed notice of appeal in a criminal case is effective and deemed filed on the date sentence is imposed or suspended in open court). After September 13, 2021, the deputy clerk of this court followed up with the trial court clerk and was informed the sentencing hearing was postponed and a reset date was pending. Upon subsequent inquiries, the deputy clerk determined that appellant's sentencing hearing had not been rescheduled. Absent a final judgment or other appealable order, this court has no jurisdiction over this appeal. Tex.R.App.P. 25.2(a)(2); Tex. Code Crim. Proc. Ann. art. 44.02. We therefore issued an order on November 23, 2021 instructing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond.
Accordingly, this appeal is dismissed for lack of jurisdiction without prejudice to appellant filing a new notice of appeal after a final judgment is entered in this case. See Tex. R. App. P. 43.2(f).