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Richard Henderson v. State ( 2016 )


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  •                          NUMBER 13-16-00241-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
RICHARD HENDERSON,                                                        Appellant,
v.
THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________
On appeal from the 94th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam
Appellant, Richard Henderson filed a notice of appeal on April 6, 2016, from a
criminal case currently pending against him in trial court cause number 15CR-1692-C in
the 94th 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,
    343 S.W.2d 446
    , 447 (Tex. 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
    .
Our review of the documents before the Court and our contact with the trial court
clerk indicates that appellant’s case is still pending in the trial court and the trial court has
not entered an appealable order. We note that appellant has a separate pending appeal
in cause number 13-16-00242-CR arising from trial court cause number 16-CR1376-C in
the 94th District Court of Nueces County. Accordingly, on April 29, 2016, the Clerk of
this Court notified appellant of this defect so that steps could be taken to correct the
defect, if it could be done. Appellant was advised that, if the defect was not corrected
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within ten days from the date of receipt of this notice, the appeal would be dismissed for
want of jurisdiction. Appellant failed to respond to the Court’s notice.
The Court, having examined and fully considered this matter, is of the opinion that
there is not an appealable order and this Court lacks jurisdiction over the matters herein.
Accordingly, this appeal is DISMISSED for lack of jurisdiction. All pending motions, if
any, are DISMISSED as moot.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
2nd day of June, 2016.
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