Reginald Reece v. the State of Texas ( 2024 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-24-00032-CR
REGINALD REECE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Bowie County, Texas
Trial Court No. 20F1029-005
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
On February 5, 2024, Reginald Reece pled guilty to theft of property valued at $2,500.00
or more but less than $30,000.00, theft of property valued at less than $2,500.00, and a second
count of theft of property valued at less than $2,500.00 in trial court cause numbers 21F0725-
005,1 20F0970-005,2 and 20F0292-005,3 respectively. The State alleged two prior convictions in
each of those cases.
In trial court cause number 20F1029-005, on appeal in this matter, the State alleged that
Reece committed yet another count of theft of property valued at less than $2,500.00. Pursuant
to a plea-bargain agreement, the charge in trial court cause number 20F1029-005 was also
considered in trial court cause numbers 21F0725-005, 20F0970-005, and 20F0292-005, resulting
in dismissal of this theft charge. Nevertheless, on February 16, 2024, Reece filed a notice of
appeal in trial court cause number 20F1029-005.
In the criminal context, the Texas Legislature has authorized appeals from final
judgments and a limited number of appealable interlocutory orders. See Gutierrez v. State, 307
S.W.3d 318, 321 (Tex. Crim. App. 2010). In this case, the trial court entered an order dismissing
the charge in trial court cause number 20F01029-005. Therefore, there is no order from which
the Texas Legislature has authorized an appeal. See Babino v. State, No. 09-24-00153-CR, 2024
WL 2745141, at *1 (Tex. App.—Beaumont May 29, 2024, no pet.) (per curiam) (mem. op., not
1
Reece appeals this theft conviction in our cause number 06-24-00029-CR.
2
Reece appeals this theft conviction in our cause number 06-24-00030-CR.
3
Reece appeals this theft conviction in our cause number 06-24-00031-CR.
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designated for publication) (“Generally, an appeal may be taken by a defendant in a criminal
case only after a final conviction.”).
On June 7, 2024, we informed Reece of the apparent defect in our jurisdiction over his
appeal and afforded him an opportunity to respond and, if possible, cure such defect. Reece did
not file a response to our correspondence.
Because the trial court entered an order dismissing the charge in trial court cause number
20F1029-005, there is no final judgment in this cause from which Reece can appeal.
Accordingly, we dismiss this appeal for want of jurisdiction.
Jeff Rambin
Justice
Date Submitted: July 26, 2024
Date Decided: July 29, 2024
Do Not Publish
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