Christopher Timmy Brady v. State ( 2020 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-20-00149-CR
    Christopher Timmy BRADY,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. 556329
    Honorable Kevin M. O’Connell, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: April 29, 2020
    DISMISSED FOR LACK OF JURISIDICTION
    On March 4, 2020, appellant filed both a Notice of Appeal and a Notice of Appeal from
    Negotiated Plea. In general, we have jurisdiction to consider an appeal in a criminal case only
    where there has been a final judgment of conviction. Apolinar v. State, 
    820 S.W.2d 792
    , 794 (Tex.
    Crim. App. 1991); Sanchez v. State, 
    340 S.W.3d 848
    , 849 (Tex. App.—San Antonio 2011, no pet.).
    “The courts of appeals do not have jurisdiction to review interlocutory orders unless that
    jurisdiction has been expressly granted by law.” 
    Apolinar, 820 S.W.2d at 794
    . Additionally, we
    04-20-00149-CR
    must dismiss a criminal appeal “if a certification that shows the defendant has the right of appeal
    has not been made part of the record[.]” TEX. R. APP. P. 25.2.
    Here, the clerk’s record does not contain a judgment of conviction or other appealable order
    or a certification of defendant’s right of appeal. On March 13, 2020, we ordered appellant to file a
    response showing cause why this appeal should not be dismissed for lack of jurisdiction by April
    13, 2020. Appellant did not respond to our order. Accordingly, we dismiss this appeal for lack of
    jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-20-00149-CR

Filed Date: 4/29/2020

Precedential Status: Precedential

Modified Date: 4/30/2020