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Vasquez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-18-00023-CR (Tex. App. Feb. 8, 2018)

Opinion

NUMBER 13-18-00023-CR

02-08-2018

SANDRA VASQUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 105th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Hinojosa

Appellant, Sandra Vasquez, filed a notice of appeal on January 2, 2018, from a criminal case currently pending against her in the 105th District Court of Nueces County, Texas. We dismiss the appeal.

A defendant's notice of appeal must be filed within thirty days after the trial court enters an appealable order. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal which complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Id. Under those circumstances it can take no action other than to dismiss the appeal. Id.

Generally, a state 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.). Exceptions to the general rule 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.

Our review of the documents before the Court shows that appellant's case is still pending in the trial court and it does not reveal any appealable orders entered by the trial court within thirty days before the filing of appellant's notice of appeal. Moreover, the notice of appeal cannot be construed as premature because it was filed before the trial court has made a finding of guilt or has received a jury verdict. See TEX. R. APP. P. 27.1(b).

The Court, having examined and fully considered the notice of appeal and the matter before the Court, is of the opinion that there is not an appealable order and this Court lacks jurisdiction over the matters herein. Accordingly, this appeal is DISMISSED for lack of jurisdiction.

LETICIA HINOJOSA

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 8th day of February, 2018.


Summaries of

Vasquez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-18-00023-CR (Tex. App. Feb. 8, 2018)
Case details for

Vasquez v. State

Case Details

Full title:SANDRA VASQUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 8, 2018

Citations

NUMBER 13-18-00023-CR (Tex. App. Feb. 8, 2018)