Alvis Jackson III v. State ( 2019 )


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  • Dismissed and Memorandum Opinion filed August 13, 2019.
    In The
    Fourteenth Court of Appeals
    NO. 14-19-00354-CR
    ALVIS JACKSON III, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 26th District Court
    Williamson County, Texas
    Trial Court Cause No. 16-0849-K26
    MEMORANDUM OPINION
    This attempted appeal is from an order of dismissal. Such an order is not
    appealable. In Texas, appeals in criminal cases are permitted only when they are
    authorized by statute. State ex rel. Lykos, 
    330 S.W.3d 904
    , 915 (Tex. Crim. App.
    2011); see Tex. Code Crim. Proc. art. 44.02. Generally, a criminal defendant may
    appeal only from a final judgment. See State v. Sellers, 
    790 S.W.2d 316
    , 321 n. 4
    (Tex. Crim. App. 1990). A “final judgment” is a “final judgment of conviction,”
    which is defined in the Code of Criminal Procedure as “the written declaration of
    the court signed by the trial judge and entered of record showing the conviction or
    acquittal of the defendant.” Raley v. State, 
    441 S.W.3d 647
    , 650 (Tex. App.—
    Houston [1st Dist.] 2014, pet ref’d.); Tex. Code Crim. Proc. Ann. art. 42.01 § 1. The
    State filed a motion to dismiss the case against the defendant, which the trial court
    granted.
    Because this appeal does not fall within the exceptions to the general rule that
    an appeal may be taken only from a final judgment of conviction, we have no
    jurisdiction.
    Accordingly, we dismiss the appeal for lack of jurisdiction.
    PER CURIAM
    Panel consists of Justices Jewell, Bourliot, and Zimmerer.
    Do Not Publish — Tex. R. App. P. 47.2(b)
    2
    

Document Info

Docket Number: 14-19-00354-CR

Filed Date: 8/13/2019

Precedential Status: Precedential

Modified Date: 8/13/2019