Miguel Angel Rodriguez v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00412-CR
___________________________
MIGUEL ANGEL RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 2
Tarrant County, Texas
Trial Court No. 1528626
Before Sudderth, C.J.; Meier and Birdwell, JJ.
Memorandum Opinion by Justice Birdwell
MEMORANDUM OPINION
Pursuant to a plea-bargain agreement, the trial court convicted appellant Miguel
Angel Rodriguez of possessing a controlled substance in cause number 1520391D. He
appealed his conviction in that case along with his conviction arising from another
case, and we dismissed both appeals because the trial court had certified that he had
no right to appeal. See Rodriguez v. State, Nos. 02-18-00358-CR, 02-18-00359-CR, 2018
WL 4925339, at *1 (Tex. App.—Fort Worth Oct. 11, 2018, no pet.) (mem. op., not
designated for publication); see also Tex. R. App. P. 25.2(d). As part of his plea bargain
in cause number 1520391D, the trial court dismissed this case, cause number
1528626. From the trial court’s dismissal order, Rodriguez filed a notice of appeal.
We sent Rodriguez a letter expressing our concern that we lacked jurisdiction
over his appeal. We informed him that unless he filed a response showing grounds for
continuing this appeal, we could dismiss it. He has not responded.
In a criminal case, we generally have jurisdiction only when the trial court has
signed a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—
Fort Worth 1996, no pet.). We do not have jurisdiction from a trial court’s order
dismissing a criminal case. See Munguia v. State, No. 11-18-00059-CR, 2018 WL
1546233, at *1 (Tex. App.—Eastland Mar. 30, 2018, no pet.) (mem. op., not
designated for publication); McCray v. State, No. 01-12-00969-CR, 2013 WL 6047614,
at *1 (Tex. App.—Houston [1st Dist.] Nov. 14, 2013, no pet.) (mem. op., not
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designated for publication). Therefore, we dismiss this appeal. See Tex. R. App. P.
43.2(f).
/s/ Wade Birdwell
Wade Birdwell
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: December 20, 2018
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