Walton v. State

Full title: CHARLES RAY WALTON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 3, 2009

No. 14-09-00686-CR (Tex. App. Sep. 3, 2009)

Opinion

No. 14-09-00686-CR

Opinion filed September 3, 2009. DO NOT PUBLISH.

On Appeal from the 337th District Court Harris County, Texas, Trial Court Cause No. 1031750.

Panel consists of Justices YATES, FROST, and BROWN.

MEMORANDUM OPINION

PER CURIAM.

This is an attempted appeal of the denial of an out-of-time motion for new trial. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). Appellant's conviction was affirmed by this court on March 8, 2007. Walton v. State, No. 14-06-00227-CR, 2007 WL 706582 (Tex. App.-Houston [14th Dist.] 2007, pet. ref'd), cert. denied, 128 S.Ct. 1710 (2008). Although appellant attempts to appeal the denial of his out-of-time motion for new trial, no order denying his motion is contained in the appellate record. Because the appellate record contains no final appealable order, we have no jurisdiction. Accordingly, the appeal is ordered dismissed.