Opinion
03-23-00471-CR
12-01-2023
Jarrod Anthonie Scales, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 21-1602-K368 THE HONORABLE SARAH SOELDNER BRUCHMILLER, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Theofanis
ORDER AND MEMORANDUM OPINION
CHARI L. KELLY, JUSTICE
In a consolidated trial, a jury found Jarrod Anthonie Scales guilty of the offense of assault of a peace officer, see Tex. Penal Code § 22.01(b-2), and not guilty of the offense of harassment of a public servant, see id. § 22.11(b). In accordance with the jury's verdict, the trial court entered a judgment of conviction in trial court cause number 21-1601-K368 and a judgment of acquittal in trial court cause number 21-1602-K368. Appearing pro se, Scales filed a notice of appeal in trial court cause number 21-1602-K368.
In order for an appellate court have jurisdiction in a criminal case, the appeal must be authorized by law. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). An appeal is authorized in a criminal case only when a trial court "enters a judgment of guilt or other appealable order." Tex.R.App.P. 25.2(a)(2); see Tex. Code Crim. Proc. art. 44.02. We have no jurisdiction over an appeal by a defendant from an acquittal. Lemons v. State, No. 10-21-00136-CR-00141-CR, 2022 Tex.App. LEXIS 2781, at *2 (Tex. App.-Waco Apr. 27, 2022, no pet.) (mem. op., not designated for publication) (citing Washington v. State, No. 02-18-00180-CR, 2018 Tex.App. LEXIS 4121, at *1 (Tex. App.-Fort Worth June 7, 2018, no pet.) (mem. op., not designated for publication) (dismissing appeal from judgment of acquittal for lack of jurisdiction)). Because Scales seeks to appeal a judgment of acquittal, his appeal is dismissed for want of jurisdiction. See Tex.R.App.P. 43.2(f).
Scales's appointed counsel filed a notice of appeal from the judgment of conviction in in trial court cause number 21-1602-K368. That appeal has been assigned appellate cause number 03-23-00493-CR and remains pending.
Dismissed for Want of Jurisdiction