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Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 12, 2024
No. 04-24-00282-CR (Tex. App. Jun. 12, 2024)

Opinion

04-24-00282-CR

06-12-2024

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


DO NOT PUBLISH

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

Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice.

MEMORANDUM OPINION

PER CURIAM.

DISMISSED FOR LACK OF JURISDICTION

Appellant, acting pro se, 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.").

On May 7, 2024, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On May 13, 2024, appellant's court appointed counsel responded, confirming that appellant had not been convicted in the underlying case and agreeing with our assessment that we lack jurisdiction over the appeal. Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. Code Crim. Proc. art. 44.02; McKown, 915 S.W.2d 161; Zamarripa, 2016 WL 3085932, at *1.


Summaries of

Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 12, 2024
No. 04-24-00282-CR (Tex. App. Jun. 12, 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: Jun 12, 2024

Citations

No. 04-24-00282-CR (Tex. App. Jun. 12, 2024)