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Dowden v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 27, 2024
No. 04-24-00679-CR (Tex. App. Nov. 27, 2024)

Opinion

04-24-00679-CR

11-27-2024

Latoya Marchelle DOWDEN, Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR1079 Honorable Raymond Angelini, Judge Presiding

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

MEMORANDUM OPINION

PER CURIAM

On September 4, 2024, appellant filed a notice of appeal, providing she wished to appeal her conviction, with a sentenced imposed on July 21, 2024. The clerk's record has also been filed in this appeal. It shows appellant's indictment in cause no. 2018CR1079-the cause number appealed in this appeal (04-24-00679-CR)-was dismissed on February 7, 2018.

As a general rule, a criminal defendant's right of appeal is limited to an appeal from a final judgment of conviction. See Tex. Code Crim. Proc. art. 44.02; State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) ("A defendant's general right to appeal under [article 44.02] and its predecessors has always been limited to appeal from a 'final judgment,' though the statute does not contain this limitation on its face."); cf. Tex. Code Crim. Proc art. 44.01(a)(1) (providing state may appeal dismissal of indictment). Moreover, "[t]he courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).

Because it appeared we do not have jurisdiction to consider appellant's appeal of the dismissed indictment, we ordered appellant to show cause no later than October 29, 2024 why this appeal should not be dismissed for lack of jurisdiction. We admonished appellant that if she failed to satisfactorily respond to this order within the time provided, the appeal would be dismissed. Appellant has not filed a response.

Accordingly, this appeal is dismissed.


Summaries of

Dowden v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 27, 2024
No. 04-24-00679-CR (Tex. App. Nov. 27, 2024)
Case details for

Dowden v. State

Case Details

Full title:Latoya Marchelle DOWDEN, Appellant v. The STATE of Texas, Appellee

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

Date published: Nov 27, 2024

Citations

No. 04-24-00679-CR (Tex. App. Nov. 27, 2024)