Billy Ray Parker v. the State of Texas

CourtCourt of Appeals of Texas
DecidedOctober 5, 2021
Docket14-18-00948-CR
StatusPublished

This text of Billy Ray Parker v. the State of Texas (Billy Ray Parker v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billy Ray Parker v. the State of Texas, (Tex. Ct. App. 2021).

Opinion

Dismissed and Memorandum Opinion filed October 5, 2021.

In The

Fourteenth Court of Appeals

NO. 14-18-00948-CR

BILLY RAY PARKER, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court Harris County, Texas Trial Court Cause No. 1497040

MEMORANDUM OPINION

Appellant was convicted by a jury of first-degree felony aggravated robbery, and the trial court assessed punishment at 38-years imprisonment. See Tex. Penal Code Ann. §§ 12.42(d), 29.02, 29.03(a), (b). Subsequently, the trial court granted appellant’s motion for new trial.

Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.––Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal. On September 10, 2021, we sent appellant notice of our intention to dismiss this appeal. Counsel for appellant agrees this court lacks jurisdiction over the appeal.

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Hassan. Do Not Publish — Tex. R. App. P. 47.2(b)

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Related

Workman v. State
343 S.W.2d 446 (Court of Criminal Appeals of Texas, 1961)
McKown v. State
915 S.W.2d 160 (Court of Appeals of Texas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
Billy Ray Parker v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billy-ray-parker-v-the-state-of-texas-texapp-2021.