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Argot v. State

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00226-CR (Tex. App. Jun. 28, 2017)

Opinion

No. 04-17-00226-CR

06-28-2017

Arturo ARGOT, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR1177
Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED FOR WANT OF JURISDICTION

Appellant filed a notice of appeal on April 11, 2017. In his notice of appeal, he states he is appealing from the trial court's judgment of conviction signed March 30, 2017. However, the record does not include a copy of the judgment of conviction or any judgment signed on March 30, 2017. We generally have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.).

Based on the foregoing, we ordered appellant to file in this court, on or before June 12, 2017, a response showing why we should not dismiss this appeal for want of jurisdiction. We also advised appellant that if no satisfactory response was filed within the time provided, we would dismiss the appeal for want of jurisdiction.

In that same order, we also noted the trial court signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal" and "is one in which the defendant waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2). We therefore advised appellant that this court may be required to dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." See TEX. R. APP. P. 25.2(d).

Because appellant has not filed a response showing cause why this appeal should not be dismissed for want of jurisdiction and it does not appear there is a final judgment in this matter, we dismiss the appeal for want of jurisdiction.

We could also dismiss the appeal pursuant to Rule 25.2(d), but given we lack jurisdiction, we dismiss on this basis.

PER CURIAM Do Not Publish


Summaries of

Argot v. State

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00226-CR (Tex. App. Jun. 28, 2017)
Case details for

Argot v. State

Case Details

Full title:Arturo ARGOT, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 28, 2017

Citations

No. 04-17-00226-CR (Tex. App. Jun. 28, 2017)