Carlos Gonzalez v. the State of Texas ( 2021 )

NUMBER 13-21-00047-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CARLOS GONZALEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
Appellant, Carlos Gonzalez, attempts to appeal the trial court’s overruling of
defendant’s objection to a polygraph examination. The trial court entered an order on
January 19, 2021, overruling appellant’s objection to the polygraph examination-as a
condition of probation.
On February 8, 2021, the clerk of this court notified appellant it appeared that the
order from which the appeal was taken was not a final, appealable order, and requested
the defect be cured within thirty days or the appeal would be dismissed. Appellant failed
to respond to the Court’s notice.
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.
The Court, having examined and fully considered the notice of appeal, is of the
opinion that there is not an appealable order and this Court lacks jurisdiction over the
matters herein. Accordingly, we dismiss the appeal for want of jurisdiction.
JAIME TIJERINA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
27th day of May, 2021.
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