Jose Luis Aguilar v. State ( 2014 )

NUMBER 13-13-00534-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOSE LUIS AGUILAR, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
____________________________________________________________
On Appeal from the 36th District Court
of San Patricio County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam
Appellant, Jose Luis Aguilar, attempted to appeal this Court’s denial of his petition
for writ of mandamus. See generally In re Aguilar, No. 13-13-00467-CR, 2013 WL
4734773, at **1–3 (Tex. App.-Corpus Christi Sept. 3, 2013, orig. proceeding) (per curiam
mem. op.). On October 3, 2013, 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 failed to respond to the Court’s directive.
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 documents on file, is of the
opinion that it lacks jurisdiction over this attempted appeal. Accordingly, the appeal is
DISMISSED.
PER CURIAM
Do not publish. See TEX. R. APP. P. 47.2(b).
Delivered and filed the 16th
day of January, 2014.
2