Opinion
13-22-00324-CR
08-25-2022
KELVIN MILESA/K/A KELVIN KARL MILES, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 117th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Longoria and Tijerina, J.
MEMORANDUM OPINION
JAIME TIJERINA Justice.
Appellant filed a notice of appeal attempting to appeal a judgment and sentence in trial court case number 20FC-5168B. We dismiss the appeal for want of jurisdiction.
On July 20, 2022, the Clerk of the Court notified appellant that it appeared the order he was attempting to appeal is not appealable. Appellant was further notified that if the defect was not corrected within thirty days from the date of the letter, the appeal would be subject to dismissal. Appellant has failed to cure the defect. Furthermore, on July 19, 2022, the trial court dismissed the underlying cause in this matter.
Generally, a state 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, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). Exceptions to the general rule include: (1) certain appeals 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.
Our review of the documents before the Court does not reveal an appealable order entered by the trial court within thirty days before the filing of appellant's notice of appeal. The Court, having examined and fully considered the notice of appeal, is of the opinion that there is not an appealable order, and this Court lacks jurisdiction over this matter herein. Accordingly, this appeal is dismissed for want of jurisdiction.