Robert Joseph Yezak v. the State of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00602-CR
Robert Joseph Yezak, Appellant
v.
State of Texas, Appellee
FROM THE 27TH DISTRICT COURT OF BELL COUNTY
NO. FR82355, THE HONORABLE JOHN T. GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
Robert Joseph Yezak has filed a pro se notice of appeal challenging various
actions allegedly made by the trial court. Generally, an appellate court only has jurisdiction
to consider an appeal by a criminal defendant where there has been a final judgment of
conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); Curiel v. State,
No. 13-21-00400-CR, 2022 WL 1412320, at *1 (Tex. App.—Corpus Christi-Edinburg May 5,
2022, no pet.) (mem. op., not designated for publication). That general rule is subject to some
exceptions, including some appeals where a defendant is on deferred adjudication community
supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); appeals from the denial
of a motion to reduce bond, Tex. R. App. P. 31.1; and some appeals related to the denial of a
claim for habeas corpus relief, id.; Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas
1998, no pet.).
Our review of the clerk’s record reveals that no final judgment of conviction or
other appealable order has been entered in this case, and the trial court has certified that “no
action has occurred upon which an appeal may be predicated.” Accordingly, we dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d) (explaining that if trial court
does not certify that defendant has right to appeal, “appeal must be dismissed”).
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Dismissed for Want of Jurisdiction
Filed: October 21, 2022
Do Not Publish
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