Carla Bertrand v. State

Court of Appeals of Texas·Decided January 12, 2012·No. 14-11-01107-CR·Published

Opinion

Dismissed and Memorandum Opinion filed January 12, 2012.

In The

Fourteenth Court of Appeals

NO. 14-11-01107-CR

CARLA BERTRAND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Court at Law No. 2 Fort Bend County, Texas

Trial Court Cause No. 09-CCR-146194

MEMORANDUM OPINION

This is an attempted appeal of the denial of appellant's motion to suppress and motion in limine.

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.CFort 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.CDallas 1998, no pet.); McKown, 915 S.W.2d at 161.

The denial of a defendant's motion to suppress is not a separately appealable order and neither is the denial of a motion in limine. See McKown, 915 S.W.2d at 161. 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. See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Christopher. Do Not Publish -- Tex.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)
Wright v. State
969 S.W.2d 588 (Court of Appeals of Texas, 1998)
Kirk v. State
942 S.W.2d 624 (Court of Criminal Appeals of Texas, 1997)
McKown v. State
915 S.W.2d 160 (Court of Appeals of Texas, 1996)