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Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Dec 4, 2003
Nos. 14-03-01172-CR, 14-03-01173-CR (Tex. App. Dec. 4, 2003)

Opinion

Nos. 14-03-01172-CR, 14-03-01173-CR

Judgment rendered and Memorandum Opinion filed December 4, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 174th District Court Harris County, Texas, Trial Court Cause Nos. 743,415 948,479.

Panel consists of Justices YATES, HUDSON, and FOWLER.


MEMORANDUM OPINION


After a jury trial, appellant was convicted of the offense of aggravated sexual assault of a child and sentenced to ten years's incarceration in the Texas Department of Criminal Justice with the sentence probated and was assessed a $10,000 fine. On April 15, 2003, the State moved to revoke appellant's community supervision. On July 3, 2003, appellant was indicted for the offense of failure to comply with sexual registration requirements. On October 3, 2003, appellant filed pro se notices of appeal in these two causes. The record in trial court cause number 743,415 does not contain a judgment revoking community supervision. The record contains a trial court certification of the right to appeal, but it is unsigned and unmarked because the case is still pending in the trial court. The record in trial court cause number 948,479 contains no judgment of conviction for the charged offense of failure to register. The trial court's certification of the right to appeal is unsigned and unmarked because the case is still pending in the trial court. An appellate court only has jurisdiction over appeals from final judgments of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). No judgment of conviction or final appealable judgment has been signed in either of these causes. Because the trial court has not yet entered final judgments in these causes, we have no jurisdiction over the appeals. Accordingly, the appeals are ordered dismissed.


Summaries of

Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Dec 4, 2003
Nos. 14-03-01172-CR, 14-03-01173-CR (Tex. App. Dec. 4, 2003)
Case details for

Smith v. State

Case Details

Full title:RODERICK KENT SMITH, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Dec 4, 2003

Citations

Nos. 14-03-01172-CR, 14-03-01173-CR (Tex. App. Dec. 4, 2003)