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Yezak v. State

Court of Appeals of Texas, Third District, Austin
Oct 21, 2022
No. 03-22-00602-CR (Tex. App. Oct. 21, 2022)

Opinion

03-22-00603-CR

10-21-2022

Robert Joseph Yezak, Appellant v. State of Texas, Appellee


Do Not Publish

FROM THE 27TH DISTRICT COURT OF BELL COUNTY NO. FR78644, THE HONORABLE JOHN T. GAUNTT, JUDGE PRESIDING.

Before Goodwin, Baker, and Kelly, Justices.

MEMORANDUM OPINION

Thomas J. Baker, Justice.

Robert Joseph Yezak has filed a pro se notice of appeal challenging various actions allegedly made by the trial court. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); Curiel v. State, No. 13-21-00400-CR, 2022 WL 1412320, at *1 (Tex. App.-Corpus Christi-Edinburg May 5, 2022, no pet.) (mem. op., not designated for publication). That general rule is subject to some exceptions, including some appeals where a defendant is on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); appeals from the denial of a motion to reduce bond, Tex.R.App.P. 31.1; and some appeals related to the denial of a claim for habeas corpus relief, id.; Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.).

Our review of the clerk's record reveals that no final judgment of conviction or other appealable order has been entered in this case, and the trial court has certified that "no action has occurred upon which an appeal may be predicated." Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d) (explaining that if trial court does not certify that defendant has right to appeal, "appeal must be dismissed").

Dismissed for Want of Jurisdiction.


Summaries of

Yezak v. State

Court of Appeals of Texas, Third District, Austin
Oct 21, 2022
No. 03-22-00602-CR (Tex. App. Oct. 21, 2022)
Case details for

Yezak v. State

Case Details

Full title:Robert Joseph Yezak, Appellant v. State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 21, 2022

Citations

No. 03-22-00602-CR (Tex. App. Oct. 21, 2022)