Christopher Brady v. State ( 2018 )


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  •                             Fourth Court of Appeals
    San Antonio, Texas
    March 29, 2018
    No. 04-18-00166-CR
    Christopher BRADY,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. NM367258
    Honorable Kevin M. O'Connell, Judge Presiding
    SHOW CAUSE ORDER
    On March 14, 2018, appellant filed a “Motion for Appointment of Counsel on Appeal”
    which we may construe as a notice of appeal. See Harkcom v. State, 
    484 S.W.3d 432
    , 434 (Tex.
    Crim. App. 2016). It appears, however, from the documents contained in the clerk’s record that
    the case has not yet proceeded to trial and judgment.
    As a general rule, an appellate court has jurisdiction to consider an appeal by a criminal
    defendant only after a final judgment of conviction. Workman v. State, 
    170 Tex. Crim. 621
    , 
    343 S.W.2d 446
    , 447 (1961); Wright v. State, 
    969 S.W.2d 588
    , 589 (Tex. App.—Dallas 1998, no
    pet.); McKown v. State, 
    915 S.W.2d 160
    , 161 (Tex. App.—Fort Worth 1996, no pet.); Ex parte
    Culver, 
    932 S.W.2d 207
    , 210 (Tex. App.—El Paso 1996, pet ref’d) (appellate courts generally
    only have jurisdiction to consider an appeal by a criminal defendant where there has been a
    judgment of conviction).
    Accordingly, appellant is ORDERED to show cause in writing why this appeal should
    not be dismissed for lack of jurisdiction within thirty (30) days from the date of this order. All
    other appellate deadlines are SUSPENDED pending our resolution of the jurisdictional issue.
    _________________________________
    Rebeca C. Martinez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 29th day of March, 2018.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-18-00166-CR

Filed Date: 3/29/2018

Precedential Status: Precedential

Modified Date: 4/4/2018