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Brady v. State

Fourth Court of Appeals San Antonio, Texas
May 23, 2018
No. 04-18-00166-CR (Tex. App. May. 23, 2018)

Opinion

No. 04-18-00166-CR

05-23-2018

Christopher BRADY, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. NM367258
Honorable Kevin M. O'Connell, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR LACK OF JURISDICTION

On March 14, 2018, appellant filed a "Motion for Appointment of Counsel on Appeal" which we may construe as a notice of appeal. See Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016). It appears, however, from the documents contained in the clerk's record that the case has not yet proceeded to trial and judgment.

As a general rule, an appellate court has jurisdiction to consider an appeal by a criminal defendant only after a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); 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.); Ex parte Culver, 932 S.W.2d 207, 210 (Tex. App.—El Paso 1996, pet ref'd) (appellate courts generally only have jurisdiction to consider an appeal by a criminal defendant where there has been a judgment of conviction).

We therefore ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. No response has been filed. This appeal is therefore dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM DO NOT PUBLISH


Summaries of

Brady v. State

Fourth Court of Appeals San Antonio, Texas
May 23, 2018
No. 04-18-00166-CR (Tex. App. May. 23, 2018)
Case details for

Brady v. State

Case Details

Full title:Christopher BRADY, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 23, 2018

Citations

No. 04-18-00166-CR (Tex. App. May. 23, 2018)