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Jones v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 9, 2011
No. 04-11-00069-CR (Tex. App. Feb. 9, 2011)

Opinion

No. 04-11-00069-CR

Delivered and Filed: February 9, 2011. DO NOT PUBLISH.

Trial Court No. CM002974. DISMISSED FOR LACK OF JURISDICTION.

Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


Appellant's notice of appeal states his intention to appeal; however, the notice of appeal further notes that he was not sentenced or convicted in the underlying cause. The notice of appeal further notes that the case was rejected. The trial court clerk's Certificate of Notice of Appeal also states, "case closed since 07-01-2005 rejected further investigation." Absent a few statutory exceptions that are inapplicable to this appeal, a criminal defendant may only appeal from a final judgment of conviction. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990); Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.-Fort Worth 2004, pet. ref'd). Accordingly, this appeal is dismissed for lack of jurisdiction.


Summaries of

Jones v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 9, 2011
No. 04-11-00069-CR (Tex. App. Feb. 9, 2011)
Case details for

Jones v. State

Case Details

Full title:David Cepeda JONES, Appellant v. The STATE of Texas, Appellee

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

Date published: Feb 9, 2011

Citations

No. 04-11-00069-CR (Tex. App. Feb. 9, 2011)