Christopher Allan Winningham v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: May 27, 2026
• Docket: 04-26-00285-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00285-CR

Christopher Allan WINNINGHAM, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2026-CR-004298 Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice

Delivered and Filed: May 27, 2026

DISMISSED FOR WANT OF JURISDICTION

Appellant, Christopher Allan Winningham, filed a pro se “Notice of Appeal from

Negotiated Plea” on April 6, 2026. Thereafter, the trial court clerk filed the clerk’s record. The

clerk’s record contains no final judgment of conviction. “With certain exceptions . . ., this court

has jurisdiction to consider an appeal filed by a criminal defendant only after a final judgment of

conviction.” Zamarripa v. State, No. 04-16-00274-CR, 2016 WL 3085932, at *1 (Tex. App.—

San Antonio Jun. 1, 2016, no pet.) (mem. op., not designated for publication) (citing TEX. CODE 04-26-00285-CR

CRIM. PROC. ANN. art. 44.02); accord McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort

Worth 1996, no pet.) (“Generally, we only have jurisdiction to consider an appeal by a criminal

defendant where there has been a judgment of conviction.”). We ordered Winningham to show

cause why this appeal should not be dismissed. Winningham, through his court-appointed

appellate counsel, conceded that we have no jurisdiction. Accordingly, we dismiss Winningham’s

appeal for want of jurisdiction.

DO NOT PUBLISH

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