Antoine Benson v. State ( 2019 )

NUMBER 13-19-00520-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ANTOINE BENSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 274th District Court
of Hays County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Perkes
Memorandum Opinion by Justice Longoria
Appellant, Antoine Benson, filed a notice of appeal on September 12, 2019 from
cause number CR-17-0907-C in the 347th District Court of Hays County, Texas. 1 The
1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
notice of appeal also references trial court cause number CR-18-1279-C. 2 Our review
of the documents before the Court shows the trial court granted the State’s motion to
dismiss cause number CR-17-0907-C on August 29, 2019.
On October 22, 2019, the Clerk of this Court notified appellant that it appeared that
there is no final appealable judgment and requested correction of this defect within ten
days or the appeal would be dismissed. Appellant has failed to respond to the Court’s
directive.
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). 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.).
The Court, having examined and fully considered the documents on file, is of the
opinion that there is no conviction to be appealed and this Court lacks jurisdiction over
the matters herein. Accordingly, this appeal is DISMISSED FOR WANT OF
JURISDICTION.
NORA L. LONGORIA
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
21st day of November, 2019.
2 Trial court cause number CR-18-1279-C is before this Court in cause number 13-19-00519-CR.
2