Eric Flores v. State ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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ERIC FLORES, No. 08-19-00177-CR
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Appellant, Appeal from the
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V. 120th District Court
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THE STATE OF TEXAS, of El Paso County, Texas
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Appellee. (TC# 20110D01621)
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MEMORANDUM OPINION
Eric Flores is attempting to appeal from a letter signed by the 120th District Court on
June 6, 2019 advising him that his conviction is final and “all Appellate relief must be pursued by
the proper vehicle.” We dismiss the attempted appeal for lack of jurisdiction.
The Texas Constitution provides that a court of appeals has jurisdiction over “all cases of
which the District Courts or County Courts have original or appellate jurisdiction, under such
restrictions and regulations as may be prescribed by law.” TEX.CONST. art. V, § 6(a). Article
44.02 provides that “[a] defendant in any criminal action has the right of appeal under the rules
hereinafter prescribed . . . .” TEX.CODE CRIM.PROC.ANN. art. 44.02. Under Rule 25.2(a)(2), a
defendant in a criminal case has the right of appeal under Code of Criminal Procedure Article
44.02 and the Rules of Appellate Procedure. TEX.R.APP.P. 25.2(a)(2). Generally, a court of
appeals only has jurisdiction to consider an appeal by a criminal defendant where there has been a
final judgment of conviction. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991);
see State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex.Crim.App. 1990)(noting the well-established
rule that a defendant’s general right to appeal under Article 44.02 is limited to appeal from a final
judgment). We have jurisdiction over other types of criminal appeals only when “expressly
granted by law.” McIntosh v. State, 110 S.W.3d 51, 52 (Tex.App.—Waco 2002, no pet.); see
Abbott v. State, 271 S.W.3d 694, 697 (Tex.Crim.App. 2008); Apolinar, 820 S.W.2d at 794.
On May 18, 2017, we issued an opinion and judgment affirming Appellant’s conviction of
burglary of a building in cause number 20110D01621. See Eric Flores v. State, No. 08-16-00025-
CR, 2017 WL 2180705 (Tex.App.—El Paso May 18, 2017, pet. ref’d). The trial judge’s letter
informing that his conviction is final, and she could not give him legal advice or appoint counsel
to represent him in post-conviction proceedings is not an appealable order. Accordingly, we
dismiss the appeal for lack of jurisdiction.
July 10, 2019
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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