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Tello v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 21, 2009
No. 14-09-00334-CR (Tex. App. May. 21, 2009)

Opinion

No. 14-09-00334-CR

Opinion filed May 21, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 361st District Court, Brazos County, Texas, Trial Court Cause No. 08-02071-CRF-361.

Panel consists of Chief Justice HEDGES and Justices YATES and FROST.


MEMORANDUM OPINION


According to information provided to this Court, appellant entered a plea agreement with the State on December 10, 2008, and she filed a notice of appeal the same day. On April 30, 2009, the Brazos County District Clerk's office advised this Court that no judgment has been entered in this case. 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). In addition, a notice of appeal in a criminal case is not effective when filed before the trial court makes a finding of guilt. See Tex. R. App. P. 27.1(b). On May 1, 2009, this Court notified the parties that the appeal was subject to dismissal for want of jurisdiction unless a response was filed in ten days demonstrating that we have jurisdiction over this appeal. No response was filed. Accordingly, the appeal is ordered dismissed.


Summaries of

Tello v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 21, 2009
No. 14-09-00334-CR (Tex. App. May. 21, 2009)
Case details for

Tello v. State

Case Details

Full title:MARY GUZMAN TELLO, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 21, 2009

Citations

No. 14-09-00334-CR (Tex. App. May. 21, 2009)