Geraro Mendiola Jr. v. the State of Texas ( 2024 )


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  •                                NUMBER 13-23-00553-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    ____________________________________________________
    GERARO MENDIOLA JR.,                                                                      Appellant,
    v.
    THE STATE OF TEXAS,                                 Appellee.
    ____________________________________________________________
    ON APPEAL FROM THE 227TH DISTRICT COURT
    OF BEXAR COUNTY, TEXAS
    ____________________________________________________________
    MEMORANDUM OPINION
    Before Chief Justice Contreras and Justices Longoria and Peña
    Memorandum Opinion by Chief Justice Contreras
    Appellant filed a notice which was construed as a notice of appeal in trial court
    case number 2023CR6869. 1 We now dismiss the appeal for want of jurisdiction.
    1
    This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket
    equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
    On December 21, 2023, the Clerk of the Court notified appellant that it appears
    that there is no final, appealable judgment. 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. After no response from appellant’s counsel, on March 14, 2024, we abated
    the case and reminded the matter for the trial court to determine whether the appellant or
    his attorney had abandoned the appeal. On May 14, 2024, the trial court issued findings
    that the appellant had unequivocally abandoned his appeal.
    In addition to appellant’s abandonment of the appeal, we note that generally, a
    state appellate court only has jurisdiction to consider an appeal by a criminal defendant
    where there has been a signed 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, see Kirk v. State, 
    942 S.W.2d 624
    , 625 (Tex. Crim. App. 1997); (2) appeals from the denial of a motion to reduce
    bond, see 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. There is no signed order currently
    before the Court.
    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
    2
    that there is not an appealable order, and this Court lacks jurisdiction over the matters
    herein. Accordingly, this appeal is hereby reinstated and dismissed for want of jurisdiction.
    DORI CONTRERAS
    Chief Justice
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed on the
    23rd day of May, 2024.
    3
    

Document Info

Docket Number: 13-23-00553-CR

Filed Date: 5/23/2024

Precedential Status: Precedential

Modified Date: 5/25/2024