Catarino Jose Castillo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 22, 2021
• Docket: 10-21-00191-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00191-CR

CATARINO JOSE CASTILLO, Appellant v.

THE STATE OF TEXAS, Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 08-02613-CRF-85

MEMORANDUM OPINION

Catarino Castillo was convicted of aggravated assault on a public servant, evading

arrest with a vehicle, and possession of a controlled substance with intent to deliver (one

gram or more but less than four grams). See Castillo v. State, No. 10-09-00286-CR, 2011

WL 5221238, at *1 (Tex. App.—Waco Oct. 26, 2011, pet. ref’d) (mem. op., not designated

for publication). Castillo appealed his conviction, and we affirmed the trial court’s

judgment on October 26, 2011. Id. at *1, 12. Castillo, acting pro se, then filed a motion for new trial on July 6, 2021. On July 7,

2021, the trial court signed an order dismissing the motion for new trial for want of

jurisdiction. Castillo now appeals from the trial court’s order.

Generally, a criminal defendant may only appeal from a final judgment. State v.

Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). An order dismissing a motion for

new trial is not a separately appealable order. See Hernandez v. State, No. 03-11-00673-CR,

2012 WL 254606, at *2–3 (Tex. App.—Austin Jan. 25, 2012, no pet.) (mem. op., not

designated for publication) (order denying motion for new trial is not separately

appealable order); Billiot v. State, No. 02-11-00298-CR, 2011 WL 4469232, at *1 (Tex.

App.—Fort Worth Aug. 30, 2011, pet. ref’d) (per curiam) (mem. op., not designated for

publication) (no statutory authorization for direct appeal from denial of motion for new

trial independent of direct appeal from underlying conviction).

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P.

43.2(f).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed September 22, 2021 Do not publish [CR25]

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