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Greer v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Sep 26, 2018
No. 10-18-00251-CR (Tex. App. Sep. 26, 2018)

Opinion

No. 10-18-00251-CR

09-26-2018

DEMETRIUS RASHAD GREER, Appellant v. THE STATE OF TEXAS, Appellee


From the 19th District Court McLennan County, Texas
Trial Court No. 2017-874-C1

MEMORANDUM OPINION

On July 9, 2018 Demetrius Greer filed a notice of appeal attempting to appeal his conviction for assault family violence entered on April 30, 2018. The certificate of right to appeal indicated that it was a plea bargain case and that Greer waived his right to appeal. We dismissed that appeal, Cause No. 10-18-00222-CR, on July 18, 2018. See TEX. R. APP. P. 25.2(d).

On July 25, 2018, Greer filed an "Amended Notice of Appeal" in which he attempts to appeal the trial court's July 6 order denying his motion for new trial. The amended notice of appeal gave rise to this proceeding. The right of appeal in criminal cases is conferred by the Legislature, and a party may appeal only from judgments of conviction or interlocutory orders authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). In this case, Greer does not appeal from a judgment of conviction or an appealable interlocutory order. See, e.g., Mack v. State, No. 10-17-00383-CR, ___ S.W.3d ___, 2017 Tex. App. LEXIS 11326 (Tex. App.—Waco Dec. 6, 2017, pet. ref'd). Accordingly, this appeal is dismissed.

AL SCOGGINS

Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 26, 2018
Do not publish
[CR25]


Summaries of

Greer v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Sep 26, 2018
No. 10-18-00251-CR (Tex. App. Sep. 26, 2018)
Case details for

Greer v. State

Case Details

Full title:DEMETRIUS RASHAD GREER, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Sep 26, 2018

Citations

No. 10-18-00251-CR (Tex. App. Sep. 26, 2018)

Citing Cases

Ex parte Greer

This Court dismissed that appeal because it was not an appeal from a judgment of conviction or an appealable…