Kemone Duane Rodgers v. State

Dismissed; Opinion Filed October 10, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01222-CR
KEMONE DUANE RODGERS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 8
Dallas County, Texas
Trial Court Cause No. MA16-18372-J
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Schenck
Opinion by Justice Schenck
On October 2, 2019, Kemone Duane Rodgers filed his pro se notice of appeal seeking to
appeal the trial court’s “oral denial of the “DEFENDANT’S AMENDED MOTION TO SET
ASIDE COMPLAINT.” We conclude we lack jurisdiction over this appeal.
A pretrial motion, such as appellant’s amended motion to set aside the information and
complaint, may not be appealed until there is a final judgment. See Ex parte Smith, 178 S.W.3d
797, 801 (Tex. Crim. App. 2005); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991);
Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Therefore, any issues
appellant may have with the complaint are not ripe for review. See Smith, 178 S.W.3d at 801;
Apolinar, 820 S.W.2d at 794. If, however, he is convicted, appellant may challenge the information
and complaint on direct appeal.
We dismiss this appeal for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
191222F.U05
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KEMONE DUANE RODGERS, Appellant On Appeal from the County Criminal Court
No. 8, Dallas County, Texas
No. 05-19-01222-CR V. Trial Court Cause No. MA16-18372-J.
Opinion delivered by Justice Schenck,
THE STATE OF TEXAS, Appellee Chief Justice Burns and Justice Whitehill
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 10th day of October, 2019.