Christopher Brady v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-01005-CR
Christopher BRADY,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2023CR7434
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 13, 2023
DISMISSED FOR WANT OF JURISDICTION
On November 14, 2023, appellant filed a pro se notice of appeal that appeared to indicate
he wished to challenge his arraignment. The clerk’s record, which was filed on November 17,
2023, does not contain a judgment of conviction or other appealable order. Additionally, the
district clerk has informed this court that appellant has not yet been tried or sentenced in this case.
Generally, a criminal defendant may only appeal from a final judgment of conviction. See
TEX. CODE CRIM. PROC. ANN. art. 44.02; State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim.
App. 1990). Because no final judgment of conviction has been signed in this case, it appears the
04-23-01005-CR
ruling, if any, appellant seeks to challenge is interlocutory. The courts of appeals lack jurisdiction
to review interlocutory orders unless that jurisdiction has been expressly granted by law. Ragston
v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). On November 21, 2023, we ordered appellant
to show cause in writing by December 6, 2023 why this appeal should not be dismissed for want
of jurisdiction.
On November 30, 2023, the district clerk filed a supplemental clerk’s record that contains
an order appointing appellate counsel but does not contain a judgment of conviction or an
appealable interlocutory order. Additionally, appellant has not filed a response to our November
21 show cause order.
Because the appellate record does not contain a judgment of conviction or other appealable
order, we dismiss this appeal for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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