Sebastian Carlos Roman v. State ( 2020 )

DISMISS and Opinion Filed March 12, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00013-CR
SEBASTIAN CARLOS ROMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 071029 - Count 3
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Osborne
Sebastian Carlos Roman filed his notice of appeal on January 2, 2020. The
clerk’s record shows that although appellant was indicted on three counts, the jury
did not find him guilty of count 3, aggravated assault with a deadly weapon. In fact,
the judgment states “Judgment not reached.”
Appeals in criminal cases are permitted only when they are specifically
authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim.
App. 2011); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008).
Generally, a criminal defendant may only appeal from a final judgment. See State v.
Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). A “final judgment” is a
“final judgment of conviction,” which is defined in the code of criminal procedure
as “the written declaration of the court signed by the trial judge and entered of record
showing the conviction or acquittal of the defendant.” Raley v. State, 441 S.W.3d
647, 650 (Tex. App.—Houston [1st Dist.] 2014, pet ref’d); TEX. CODE CRIM. PROC.
ANN. art. 42.01, § 1. Here, appellant was not convicted of count 3, and there is no
judgment. Under these circumstances, we conclude we have no jurisdiction.
We dismiss the appeal.
. /Leslie Osborne/
LESLIE OSBORNE
JUSTICE
Do Not Publish
Tex. R. App. P. 47.2(b)
200013F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SEBASTIAN CARLOS ROMAN, On Appeal from the 397th Judicial
Appellant District Court, Grayson County,
Texas
No. 05-20-00013-CR V. Trial Court Cause No. 071029 Ct 3.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Osborne, Justices Schenck and
Reichek participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered March 12, 2020
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