Richard Diaz v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00840-CR
Richard DIAZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 1987CR1809
Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 17, 2018
DISMISSED FOR LACK OF JURISDICTION
Appellant seeks to appeal the trial court’s order denying his motion to terminate his sex
offender registration. In Texas, appeals in criminal cases are permitted only when they are
specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim.
App. 2011); see TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006). Generally, a criminal
defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n.4
(Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review orders in a
04-17-00840-CR
criminal appeal absent express statutory authority. See Ragston v. State, 424 S.W.3d 49, 52 (Tex.
Crim. App. 2014).
Because the denial of a motion to remove a defendant’s registration information is not a
separately appealable order, see Dewalt v. State, 417 S.W.3d 678, 683-84 (Tex. App.—Austin
2013), pet. ref’d, 426 S.W.3d 100 (Tex. Crim. App. 2014), we ordered appellant to show cause in
writing no later than January 2, 2018 why this appeal should not be dismissed for want of
jurisdiction. Appellant did not respond to our order. Because we do not have jurisdiction to
consider an appeal of an order denying a motion to terminate sex offender registration, this appeal
is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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