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Young v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jan 5, 2006
No. 06-05-00195-CR (Tex. App. Jan. 5, 2006)

Opinion

No. 06-05-00186-CR

Submitted: January 4, 2006.

Decided: January 5, 2006. DO NOT PUBLISH.

On Appeal from the 402nd Judicial District Court, Wood County, Texas, Trial Court No. 18,580-2004.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Tommy Ray Young has filed a notice of appeal from an order dismissing the prosecution against him. Generally, appellate courts may consider an appeal by a criminal defendant only after conviction. See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961). There are narrow exceptions to the rule requiring conviction before a criminal defendant may appeal. Wright v. State, 969 S.W.2d 588, 589 (Tex.App.-Dallas 1998, no pet.); McKown v. State, 915 S.W.2d 160, 161 (Tex.App.-Fort Worth 1996, no pet.). Because Young has not been convicted and his case does not fall into any of the exceptions allowing a criminal defendant to appeal without having been convicted, we conclude we do not have jurisdiction over this appeal. See Wright, 969 S.W.2d at 589-90 (defendant may not appeal pretrial order revoking bond); Shumake v. State, 953 S.W.2d 842, 846-47 (Tex.App.-Austin 1997, no pet.) (defendant may not appeal pretrial order raising bond); McKown, 915 S.W.2d at 161 (defendant may not appeal trial court's denial of motion to suppress); Petty v. State, 800 S.W.2d 582, 583 (Tex.App.-Tyler 1990, no pet.) (defendant may not appeal trial court's order of dismissal — not aggrieved by order). We dismiss the appeal for want of jurisdiction.


Summaries of

Young v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jan 5, 2006
No. 06-05-00195-CR (Tex. App. Jan. 5, 2006)
Case details for

Young v. State

Case Details

Full title:TOMMY RAY YOUNG, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Jan 5, 2006

Citations

No. 06-05-00195-CR (Tex. App. Jan. 5, 2006)