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Bertrand v. State

Fourteenth Court of Appeals
Jan 12, 2012
NO. 14-11-01107-CR (Tex. App. Jan. 12, 2012)

Opinion

NO. 14-11-01107-CR

01-12-2012

CARLA BERTRAND, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Memorandum Opinion filed January 12, 2012.

On Appeal from County Court at Law No. 2

Fort Bend County, Texas

Trial Court Cause No. 09-CCR-146194


MEMORANDUM OPINION

This is an attempted appeal of the denial of appellant's motion to suppress and motion in limine.

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). The exceptions include: (1) certain appeals while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); (2) appeals from the denial of a motion to reduce bond, TEX. R. APP. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.); McKown, 915 S.W.2d at 161.

The denial of a defendant's motion to suppress is not a separately appealable order and neither is the denial of a motion in limine. See McKown, 915 S.W.2d at 161. Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction. See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Frost, Brown, and Christopher. Do Not Publish -- Tex. R. App. P. 47.2(b).


Summaries of

Bertrand v. State

Fourteenth Court of Appeals
Jan 12, 2012
NO. 14-11-01107-CR (Tex. App. Jan. 12, 2012)
Case details for

Bertrand v. State

Case Details

Full title:CARLA BERTRAND, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourteenth Court of Appeals

Date published: Jan 12, 2012

Citations

NO. 14-11-01107-CR (Tex. App. Jan. 12, 2012)

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