Opinion
NO. 14-15-01042-CR
01-07-2016
LOYD LANDON SORROW, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court Harris County, Texas
Trial Court Cause No. 874978
MEMORANDUM OPINION
This court affirmed appellant's conviction for aggravated sexual assault of a child in 2003. Sorrow v. State, No. 14-02-01042-CR; 2003 WL 22012828 (Tex. App.—Houston [14th Dist.] Aug. 26, 2003, pet. ref'd). More than twelve years later, on August 17, 2015, appellant filed a notice of appeal, attempting to appeal from the trial court's purported denial of a motion for new trial appellant filed on July 6, 2015.
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.).
Appellant was convicted on September 6, 2002; his motion for new trial was filed July 6, 2015. The denial of an untimely filed motion for new trial is not a separately 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.
In its letter of assignment the district clerk's office noted that the motion was not denied. --------
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).