Opinion
03-23-00240-CR
08-31-2023
Travis Blayne Hall, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 21-0345-K26, THE HONORABLE DONNA GAYLE KING, JUDGE PRESIDING
Before Justices Baker, Triana, and Smith
MEMORANDUM OPINION
Edward Smith, Justice
Appellant Travis Blayne Hall filed a notice of appeal stating his intent to appeal from the "judgment of conviction and sentence . . . rendered against him" in trial court cause number 21-0345-K26. However, the clerk's record does not contain a judgment of conviction against appellant in that cause number. Rather, the trial court signed an order on April 23, 2023 granting the State's motion to dismiss cause number 21-0345-K26 because "[t]he Defendant was found guilty by jury and sentenced to TDCJ-ID in Cause Number 21-1056-K26."
Generally, a court of appeals has jurisdiction in criminal cases only where there has been a judgment of conviction. Ex parte Shumake, 953 S.W.2d 842, 844 (Tex. App.- Austin 1997, no pet.). An order dismissing an indictment is not an order from which a defendant can appeal. Petty v. State, 800 S.W.2d 582, 583 (Tex. App.-Tyler 1990, no pet.).
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2).
Dismissed for Want of Jurisdiction