Opinion
NO. 09-17-00241-CR
08-16-2017
CHARLES LAROCCA MARINO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 9th District Court Montgomery County, Texas
Trial Cause No. 13-10-10511-CR
MEMORANDUM OPINION
Charles LaRocca Marino seeks to appeal an order denying his motion for appointment of counsel in a closed criminal case. On July 5, 2017, we notified the parties that our jurisdiction was not apparent from the notice of appeal and that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. Marino did not file a response.
Marino's convictions were affirmed on appeal and our mandates issued in 2016. See generally Marino v. State, Nos. 09-15-00350-CR & 09-15-00351-CR, 2016 WL 4485645, at *7 (Tex. App.—Beaumont Aug. 24, 2016, no pet.).
Jurisdiction must be expressly given to the courts of appeals in a statute." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). Because this appeal does not fall within an exception to the general rule that appeals may be taken only from a final judgment of conviction, we have no jurisdiction over the attempted appeal. See Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008). We dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
/s/_________
LEANNE JOHNSON
Justice Submitted on August 15, 2017
Opinion Delivered August 16, 2017
Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.