Opinion
No. 05-12-00337-CR
04-25-2012
THERON W. JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; Opinion Filed April 25, 2012.
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82005-2011
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
Theron W. Johnson filed an “out-of-time” notice of appeal that appears to complain he was denied an examining trial. We have received correspondence from the court reporter stating there is no reporter's record and the Collin County District Clerk stating there is not yet a judgment in this case. As a general rule, appellate courts have jurisdiction over appeals by criminal defendants only after conviction. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.). Appellate courts also have jurisdiction over appeals from orders deferring adjudication of guilt and ordering community supervision, and appeals from certain orders denying habeas corpus relief. See id. The denial of an examining trial is not included among the types of appealable orders.
We dismiss the appeal for want of jurisdiction.
KERRY P. FITZGERALD
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120337F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
THERON W. JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00337-CR
Appeal from the 380th Judicial District Court of Collin County, Texas. (Tr.Ct.No. 380- 82005-2011).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered April 25, 2012.
KERRY P. FITZGERALD
JUSTICE