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Roque v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 26, 2011
No. 14-11-00423-CR (Tex. App. May. 26, 2011)

Opinion

No. 14-11-00423-CR

Opinion filed May 26, 2011. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

On Appeal from the 228th District Court, Harris County, Texas, Trial Court Cause No. 906957.

Panel consists of Chief Justice HEDGES, Justices SEYMORE and BOYCE.


MEMORANDUM OPINION


This is an attempted appeal from the denial of "Petitioner's Motion/Judicial Notice Declaring this Court is in Possession of Vital Evidence Needed to Pursue Appeal." Generally, an appellate court's jurisdiction is limited to consideration of an appeal by a criminal defendant from 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) 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. The denial of appellant's motion does not result in a separate and appealable order. Because this appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction, we have no jurisdiction. Accordingly, the appeal is ordered dismissed.


Summaries of

Roque v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 26, 2011
No. 14-11-00423-CR (Tex. App. May. 26, 2011)
Case details for

Roque v. State

Case Details

Full title:RICARDO ROQUE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 26, 2011

Citations

No. 14-11-00423-CR (Tex. App. May. 26, 2011)