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Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 6, 2008
No. 14-08-00585-CR (Tex. App. Nov. 6, 2008)

Opinion

No. 14-08-00585-CR

Opinion filed November 6, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 228th District Court Harris County, Texas, Trial Court Cause No. 335645.

Panel consists of Justices YATES, SEYMORE, and BOYCE.


MEMORANDUM OPINION


This is an attempted appeal of the trial court's order, signed June 9, 2008, denying appellant's Amended Petition for Discovery Order. 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 post-conviction petition for discovery 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.

This petition seeks discovery from the Harris County District Attorney, Harris County District Clerk, Clerk of the First Court of Appeals, and the Clerk of the Fourteenth Court of Appeals.


Summaries of

Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 6, 2008
No. 14-08-00585-CR (Tex. App. Nov. 6, 2008)
Case details for

Smith v. State

Case Details

Full title:RODNEY WAYNE SMITH, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 6, 2008

Citations

No. 14-08-00585-CR (Tex. App. Nov. 6, 2008)

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