Opinion
No. 05-20-00013-CR
03-12-2020
SEBASTIAN CARLOS ROMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas
Trial Court Cause No. 071029 - Count 3
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Osborne
Sebastian Carlos Roman filed his notice of appeal on January 2, 2020. The clerk's record shows that although appellant was indicted on three counts, the jury did not find him guilty of count 3, aggravated assault with a deadly weapon. In fact, the judgment states "Judgment not reached."
Appeals in criminal cases are permitted only when they are specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). A "final judgment" is a "final judgment of conviction," which is defined in the code of criminal procedure as "the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant." Raley v. State, 441 S.W.3d 647, 650 (Tex. App.—Houston [1st Dist.] 2014, pet ref'd); TEX. CODE CRIM. PROC. ANN. art. 42.01, § 1. Here, appellant was not convicted of count 3, and there is no judgment. Under these circumstances, we conclude we have no jurisdiction.
We dismiss the appeal.
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE Do Not Publish
Tex. R. App. P. 47.2(b)
200013F.U05
JUDGMENT
On Appeal from the 397th Judicial District Court, Grayson County, Texas
Trial Court Cause No. 071029 Ct 3.
Opinion delivered by Justice Osborne, Justices Schenck and Reichek participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered March 12, 2020