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Gonzales v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 16, 2021
No. 13-21-00228-CR (Tex. App. Sep. 16, 2021)

Opinion

13-21-00228-CR

09-16-2021

DAVID GREG GONZALES, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. Tex.R.App.P. 47.2(b).

On appeal from the 197th District Court of Willacy County, Texas.

Before Justices Benavides, Longoria, and Tijerina

MEMORANDUM OPINION

JAIME TIJERINA, JUSTICE

Upon review of the documents before the Court, it appears there is no final appealable order. On July 27, 2021, the clerk of the court notified appellant of this defect and provided ten days to correct. Appellant has neither corrected the defect nor responded to the court's notice.

Generally, a state 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.). Exceptions to the general rule 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.

Our review of the documents before the Court shows that appellant's case is still pending in the trial court and it does not reveal any appealable orders entered by the trial court within thirty days before the filing of appellant's notice of appeal. Moreover, the notice of appeal cannot be construed as premature because it was filed before the trial court has made a finding of guilt or has received a jury verdict. See Tex. R. App. P. 27.1(b).

The Court, having examined and fully considered the notice of appeal, is of the opinion that there is not an appealable order and this Court lacks jurisdiction over the matters herein. Accordingly, this appeal is dismissed for lack of jurisdiction.


Summaries of

Gonzales v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 16, 2021
No. 13-21-00228-CR (Tex. App. Sep. 16, 2021)
Case details for

Gonzales v. State

Case Details

Full title:DAVID GREG GONZALES, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Sep 16, 2021

Citations

No. 13-21-00228-CR (Tex. App. Sep. 16, 2021)