Kenneth Crissup v. State ( 2014 )

NUMBER 13-14-00635-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
KENNETH CRISSUP, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Kenneth Crissup, pro se, filed a notice of appeal on October 29, 2014,
from a denial of a “Motion for Production of Documents and Bench Warrant” in cause
number 03CR2175-G in the 319th 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.
Appellant was convicted of sexual assault of a child and sentence was imposed
on August 20, 2004. The trial court certification indicates this is a plea-bargain case and
the defendant has no right of appeal. On September 2, 2004, the trial court denied
appellant’s request for permission to appeal. Appellant’s notice of appeal states he is
appealing a denial of a “Motion for Production of Documents and Bench Warrant.” The
district clerk has confirmed that no order has been entered denying such motion.
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On October 30, 2014, the Clerk of this Court notified appellant that it appeared that
the order from which the appeal was taken was not an appealable order, and requested
correction of this defect within ten days or the appeal would be dismissed. Appellant has
not filed a response.
The Court, having examined and fully considered the documents on file, is of the
opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the
appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P.
42.3(a), (c).
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
11th day of December, 2014.
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