Adrian Jacobo v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
January 9, 2023
No. 04-22-00862-CR
Adrian JACOBO,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR9781
Honorable Frank J. Castro, Judge Presiding
ORDER
Appellant Adrian Jacobo filed a notice of appeal on December 21, 2022. The Texas Rules
of Appellate Procedure require the notice of appeal to state the date of the judgment or order
appealed from. TEX. R. APP. P. 25.2(c)(2). Appellant’s notice of appeal does not state the
judgment or order he wishes to appeal, and the record does not contain an appealable order.
As a general rule, a criminal defendant’s right of appeal is limited to an appeal from a
final judgment of conviction. See TEX. CODE OF CRIM. PROC. art. 44.02; see also State v. Sellers,
790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) (“A defendant’s general right to appeal under
[article 44.02] and its predecessors has always been limited to appeal from a ‘final judgment,’
though the statute does not contain this limitation on its face.”); Jack v. State, No. 04-20-00448-
CR, 2020 WL 6151587, at *1 (Tex. App.—San Antonio Oct. 21, 2020, no pet.) (“Modification
of community supervision is not appealable at the time of modification. [However,] [a]
defendant may appeal the judgment at the time she is placed on community supervision or an
order revoking her community supervision.”). Moreover, “[t]he courts of appeals do not have
jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by
law.” Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
We, therefore, order appellant to show cause no later than January 23, 2023 why this
appeal should not be dismissed for lack of jurisdiction. If a supplemental clerk’s record is
required to show appellant has the right to appeal, appellant must request a supplemental record
from the trial court clerk and file a copy of the request with this court. If appellant fails to
satisfactorily respond to this order within the time provided, the appeal will be dismissed.
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 9th day of January, 2023.
___________________________________
Michael A. Cruz,
Clerk of Court