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Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2024
No. 04-24-00282-CR (Tex. App. May. 7, 2024)

Opinion

04-24-00282-CR

05-07-2024

Christopher Michael CARDENAS, Appellant v. The STATE of Texas, Appellee

Joe D. Gonzales, Bexar County District Attorney. Angela J. Moore, Law Office of Angela Moor.


From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR1640, Honorable Kristina Escalona, Judge Presiding.

Joe D. Gonzales, Bexar County District Attorney.

Angela J. Moore, Law Office of Angela Moor.

REBECA C. MARTINEZ, CHIEF JUSTICE, PATRICIA O. ALVAREZ, LUZ ELENA D. CHAPA, IRENE RIOS, BETH WATKINS, LIZA A. RODRIGUEZ, LORI I. VALENZUELA, JUSTICES.

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

ORDER

Rebeca C. Martinez, Chief Justice.

Appellant filed a notice of appeal on April 12, 2024, purporting to appeal within thirty days of sentence having been pronounced against him. Thereafter, the trial court clerk filed the clerk's record. The clerk's record does not contain a final judgment of conviction. "With certain exceptions . . ., this court has jurisdiction to consider an appeal filed by a criminal defendant only after a final judgment of conviction." Zamarripa v. State, No. 04-16-00274-CR, 2016 WL 3085932, at *1 (Tex. App.-San Antonio June 1, 2016, no pet.) (mem. op., not designated for publication) (citing Tex. Code Crim. Proc. art. 44.02); accord McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.) ("Generally, we only have jurisdiction to consider an appeal by a criminal defendant where there has been a judgment of conviction."). It is therefore ORDERED that appellant show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are SUSPENDED pending further order of this court.


Summaries of

Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2024
No. 04-24-00282-CR (Tex. App. May. 7, 2024)
Case details for

Cardenas v. State

Case Details

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

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

Date published: May 7, 2024

Citations

No. 04-24-00282-CR (Tex. App. May. 7, 2024)