Nina Marie Dukes v. State ( 2020 )

NUMBER 13-20-00051-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
NINA MARIE DUKES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 117th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Longoria
Appellant, Nina Marie Dukes, attempted to appeal an order modifying conditions
of probation issued by the trial court on October 24, 2019. On January 27, 2020, the Clerk
of this Court notified appellant the order from which the appeal was taken did not appear
to be an appealable order. The letter requested correction of this defect within ten days
or the appeal would be dismissed. To date, no corrective action has been taken by
appellant.
The courts of appeals do not have jurisdiction to review interlocutory orders in a
criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792,
794 (Tex. Crim. App. 1991); Bridle v. State, 16 S.W.3d 906, 907 (Tex. App.—Fort Worth
2000, no pet.). Exceptions to the general rule include: (1) certain appeals while on
deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex.
Crim. App. 1997); (2) appeals from the denial of a motion to reduce bond, TEX. R. APP. P.
31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas
corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.);
McKown, 915 S.W.2d at 161. See also Bridle, 16 S.W.3d at 908 n.1.
The Court, having examined and fully considered the notice of appeal and the
matters before the Court, is of the opinion there is not an appealable order and this Court
lacks jurisdiction over the matters here. Because there is no appealable order, we
DISMISS the appeal for want of jurisdiction. All pending motions, if any, are likewise
DISMISSED.
NORA L. LONGORIA
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
19th day of March, 2020.
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