Opinion
NO. 14-14-00911-CR
12-09-2014
DONALD WAYNE HEROD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court Harris County, Texas
Trial Court Cause No. 476691
MEMORANDUM OPINION
This is an attempted appeal of the trial court's order denying appellant's "Motion for Leave to File Motion for an Appeal."
Generally, an 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.). According to the record filed with this court appellant was convicted on September 8, 1987, after pleading guilty to driving while intoxicated. The record does not reflect whether appellant appealed his conviction.
The denial of a motion for leave to file a motion for an appeal is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Christopher, Donovan, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).