Artavias Chovan Cole v. the State of Texas

In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-21-00277-CR
__________________
ARTAVIAS CHOVAN COLE, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 21-37860
__________________________________________________________________
MEMORANDUM OPINION
On September 3, 2021, Artavias Chovan Cole appealed from an order
dismissing Trial Cause Number 21-37860. After Cole filed his notice, which resulted
in his appeal, the Court instructed the Court’s Clerk to notify Cole and the Jefferson
County District Attorney that the order of dismissal did not appear to be a final
judgment of conviction or an appealable order. In the letter, we requested the parties
to respond to the Court’s jurisdictional inquiry and identify the statute or rule
1
authorizing a court of appeals to exercise jurisdiction over the order at issue based
on Cole’s notice to appeal.
Cole responded to the letter. But the Jefferson County District Attorney did
not. Cole’s letter states the letter correctly states the order “is neither a final judgment
nor an appealable order.” While Cole did not provide all the information that might
be relevant to explaining the trial court’s ruling, Cole’s letter indicates the trial court
dismissed this case because he was convicted in another.
In criminal cases, the courts of appeal have jurisdiction only of those appeals
authorized by a statute. See Tex. Code Crim. Proc. Ann. art. 44.02; Abbott v. State,
271 S.W.3d 694, 697, n.8 (Tex. Crim. App. 2008) (A defendant’s general right to
appeal under Article 44.02 has always been limited to appeal from a final judgment.);
Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961) (dismissing appeal
of judgment discharging appellant because it was not judgment of conviction). The
order from which Cole appeals—a dismissal based on his conviction in some other
case—is not an appealable order. See Petty v. State, 800 S.W.2d 582, 583-84 (Tex.
App.—Tyler 1990, no pet.).
2
Because Cole’s appeal from the order of dismissal at issue is not one of the
appeals authorized by statute, his appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Submitted on October 5, 2021
Opinion Delivered October 6, 2021
Do Not Publish
Before Golemon, C.J., Kreger and Horton, JJ.
3