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Ballestero v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 31, 2024
No. 04-24-00443-CR (Tex. App. Jul. 31, 2024)

Opinion

04-24-00443-CR

07-31-2024

William James BALLESTERO, Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR9581 Honorable Ron Rangel, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

MEMORANDUM OPINION

PER CURIAM

Appellant filed a notice of appeal seeking to appeal a judgment of conviction and sentence rendered against him in Cause No. 2022CR9581. However, the clerk's record does not contain a judgment of conviction. Rather, on August 24, 2023, the trial court ordered dismissal of Cause No. 2022CR9581, noting the case is "to be heard in [Cause No.] 2023CR1779."

Our appellate jurisdiction in criminal matters is limited to judgments of conviction or where jurisdiction has been expressly granted by law. See Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). Therefore, upon review of the clerk's record, it appeared this court lacks jurisdiction over this appeal. Consequently, on July 8, 2024, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On July 18, 2024, appellant filed a response agreeing this court lacks jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of jurisdiction.


Summaries of

Ballestero v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 31, 2024
No. 04-24-00443-CR (Tex. App. Jul. 31, 2024)
Case details for

Ballestero v. State

Case Details

Full title:William James BALLESTERO, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 31, 2024

Citations

No. 04-24-00443-CR (Tex. App. Jul. 31, 2024)