Bernal, Josue David v. State

• Court: Court of Appeals of Texas
• Decided: October 7, 2004
• Docket: 14-04-00922-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 7, 2004

Dismissed and Memorandum Opinion filed October 7, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00922-CR

JOSUE DAVID BERNAL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 709,911

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed March 19, 2004, denying appellant=s motion to obtain a copy of the record from his 1996 murder conviction.^[1]  We dismiss the appeal for want of jurisdiction.

Generally, an appellate court has jurisdiction to consider an appeal by a criminal defendant only if there has been a final judgment of conviction.  Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.CFort Worth 1996, no pet.).  There are limited exceptions to this rule.  Certain appeals from deferred adjudication community supervision are permitted.  Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997).  In addition, appeals from the denial of motions to reduce bond may be prosecuted.  See Tex. R. App. P. 31.1; McKown, 915 S.W.2d at 161.  Certain appeals from the denial of habeas corpus relief are also allowed.  Wright v. State, 969 S.W.2d 588, 589 (Tex. App.CDallas 1998, no pet.); McKown, 915 S.W.2d at 161.  More recently, the legislature provided for the appeal of orders denying post-conviction forensic DNA testing.  See Tex. Code Crim. Proc. Ann. Art. 64.05 (Vernon Supp. 2004).

This appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction.  In addition, there is no statutory provision permitting the appeal sought in this case.  Therefore, we lack jurisdiction over the appeal.  In the absence of jurisdiction, we may take no action other than to dismiss the appeal.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 7, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).

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^[1]  This court affirmed appellant=s conviction on direct appeal.  See Bernal v. State, No. 14-96-01442-CR, (Tex. App.CHouston [14th Dist.] 1998, pet. ref=d) (not designated for publication).