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Simmons v. State

Court of Appeals of Texas, Fourteenth District, Houston
Apr 7, 2005
No. 14-05-00143-CR (Tex. App. Apr. 7, 2005)

Opinion

No. 14-05-00143-CR

Memorandum Opinion Filed April 7, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 758,679.

Dismissed.

Panel consists of Justices YATES, ANDERSON, and HUDSON.


MEMORANDUM OPINION


This is an attempted appeal of the denial of a motion for use of trial records. Generally, an 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, 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 a motion to use trial records is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

Accordingly, the appeal is ordered dismissed.


Summaries of

Simmons v. State

Court of Appeals of Texas, Fourteenth District, Houston
Apr 7, 2005
No. 14-05-00143-CR (Tex. App. Apr. 7, 2005)
Case details for

Simmons v. State

Case Details

Full title:LARRY SIMMONS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 7, 2005

Citations

No. 14-05-00143-CR (Tex. App. Apr. 7, 2005)