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Jernigan v. State

Court of Appeals of Texas, Fourteenth District, Houston
Mar 12, 2009
No. 14-09-00207-CR (Tex. App. Mar. 12, 2009)

Opinion

No. 14-09-00207-CR

Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 180th District Court Harris County, Texas, Trial Court Cause No. 1184059.

Panel consists of Justices FROST, BROWN, and BOYCE.


MEMORANDUM OPINION


Appellant entered a "guilty" plea to possession of a controlled substance. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudicating guilt and placed appellant on community supervision for two years. Subsequently, the State moved to adjudicate guilt. On February 6, 2009, the trial court granted the State's motion to dismiss the action to adjudicate guilt. On February 23, 2009, appellant filed a pro se notice of appeal. We dismiss the 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.). The exceptions include: (1) an appeal from a plea entered without a plea bargain 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. 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.


Summaries of

Jernigan v. State

Court of Appeals of Texas, Fourteenth District, Houston
Mar 12, 2009
No. 14-09-00207-CR (Tex. App. Mar. 12, 2009)
Case details for

Jernigan v. State

Case Details

Full title:LYISHA JERNIGAN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Mar 12, 2009

Citations

No. 14-09-00207-CR (Tex. App. Mar. 12, 2009)