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Marino v. State

Court of Appeals Ninth District of Texas at Beaumont
Aug 16, 2017
NO. 09-17-00241-CR (Tex. App. Aug. 16, 2017)

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Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

Marino v. State

Court of Appeals Ninth District of Texas at Beaumont
Aug 16, 2017
NO. 09-17-00241-CR (Tex. App. Aug. 16, 2017)
Case details for

Marino v. State

Case Details

Full title:CHARLES LAROCCA MARINO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Aug 16, 2017

Citations

NO. 09-17-00241-CR (Tex. App. Aug. 16, 2017)