Cindy Watson v. the State of Texas ( 2022 )

NUMBER 13-22-00321-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
CINDY WATSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Longoria
Appellant, Cindy Watson, attempts to appeal a June 24, 2022 order modifying the
terms of her community supervision. We dismiss the appeal for want of jurisdiction.
On July 18, 2022, the Clerk of the Court notified appellant that it appears the order
she was attempting to appeal is not appealable. Appellant was further notified that if the
defect was not corrected within thirty days from the date of the letter, the appeal would
be subject to dismissal. On August 11, 2022, the Court received a response from the
Honorable Travis Berry, appellant’s counsel, informing the Court that the appellant does
not have the right to appeal and that the appeal should be dismissed.
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. Crim. App. 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 does not reveal an appealable order
entered by the trial court within thirty days before the filing of appellant's notice of appeal.
The Court, having examined and fully considered appellant’s notice of appeal, 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.
NORA L. LONGORIA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
18th day of August, 2022.
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