Blake Scott Taylor v. State

• Court: Court of Appeals of Texas
• Decided: September 8, 2005
• Docket: 14-05-00714-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 8, 2005

Dismissed and Memorandum Opinion filed September 8, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00714-CR

BLAKE SCOTT TAYLOR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 998,709

M E M O R A N D U M   O P I N I O N

Appellant filed a pro se notice of appeal after the trial court dismissed this cause.  The State moved to dismiss because appellant was convicted in another case.

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where 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.‑‑Fort Worth 1996, no pet.).  The exceptions 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. 

There is no appeal available for appellant from the dismissal of this cause.  Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

            Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 8, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish C Tex.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