Kelvin Miles A/K/A Kelvin Karl Miles v. the State of Texas ( 2022 )

NUMBERS 13-22-00324-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
KELVIN MILES
A/K/A KELVIN KARL MILES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 117th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
Appellant filed a notice of appeal attempting to appeal a judgment and sentence in
trial court case number 20FC-5168B. We dismiss the appeal for want of jurisdiction.
On July 20, 2022, the Clerk of the Court notified appellant that it appeared the
order he 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. Appellant has failed to cure the defect. Furthermore, on July 19,
2022, the trial court dismissed the underlying cause in this matter.
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 the notice of appeal, is of the
opinion that there is not an appealable order, and this Court lacks jurisdiction over this
matter herein. Accordingly, this appeal is dismissed for want of jurisdiction.
JAIME TIJERINA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
25th day of August, 2022.
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