Daniel Shaw v. State ( 2020 )

DISMISS and Opinion Filed January 27, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01406-CR
DANIEL SHAW, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F19-56007-R
MEMORANDUM OPINION
Before Justices Bridges, Whitehill, and Nowell
Opinion by Justice Whitehill
Daniel Shaw filed a pro se notice of appeal on November 14, 2019. The clerk’s record,
filed December 23, 2019, shows appellant was indicted for evading arrest. On October 24, 2019,
the State filed a motion to dismiss prosecution which the trial court granted. Thus, it appears
appellant is trying to appeal the trial court’s order dismissing the case.
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.
ANN. art. 44.02. Generally, a criminal defendant may only appeal 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. Appellant was not convicted or
acquitted in trial court cause number F19-56007-R. Rather, the State filed a motion to dismiss the
case against him which the trial court granted.
Because this appeal does not fall within the exceptions to the general rule that appeal may
be taken only from a final judgment of conviction, we conclude we have no jurisdiction.
We dismiss this appeal for want of jurisdiction.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
191406F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DANIEL SHAW, Appellant On Appeal from the 265th Judicial District
Court, Dallas County, Texas
No. 05-19-01406-CR V. Trial Court Cause No. F19-56007-R.
Opinion delivered by Justice Whitehill.
THE STATE OF TEXAS, Appellee Justices Bridges and Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered January 27, 2020.
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