Christopher T. Brady v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00483-CR

Christopher T. BRADY, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR10918 Honorable Ron Rangel, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 28, 2023

DISMISSED FOR LACK OF JURISDICTION

On May 1, 2023, appellant filed a pro se notice of appeal, which states he is appealing from

a sentence imposed on September 3, 2022. The clerk’s record, however, does not contain a

judgment imposing sentence on September 3, 2022; it contains only a true bill of indictment, which

was filed on November 15, 2022, and appellant’s notice of appeal. Additionally, the trial court

clerk has advised the clerk of this court that no hearing or trial was held in this case on September

3, 2022, and that appellant is still awaiting trial in this matter. 04-23-00483-CR

Generally, this court has jurisdiction to consider an appeal by a criminal defendant only

when there has been a final judgment of conviction or other appealable order. 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.). Without a final judgment or other appealable order, this court

has no jurisdiction to entertain an appeal. See TEX. R. APP. P. 25.2(a)(2) (“A defendant in a criminal

case has the right of appeal under the Code of Criminal Procedure article 44.02 and these rules.”);

26.2(a) (stating that a defendant’s notice of appeal must be filed within thirty days after the day

sentence is imposed or suspended in open court or the trial court enters an appealable order unless

a motion for new trial is filed); see also TEX. CODE CRIM. PROC. art. 44.02.

The Texas Rules of Appellate Procedure provide that in a criminal case, a prematurely filed

notice of appeal “is effective and deemed filed on the same day, but after, sentence is imposed or

suspended in open court, or the appealable order is signed by the trial court.” TEX. R. APP. P.

27.1(b). “But a notice of appeal is not effective if filed before the trial court makes a finding of

guilt or receives a jury verdict.” Id. Accordingly, a defendant’s premature notice of appeal in a

criminal case invokes our jurisdiction if filed after there has been a finding of guilt or a jury verdict

but before sentencing. See id. However, a defendant’s premature notice of appeal does not invoke

our jurisdiction if filed before a finding of guilt or a jury verdict. See id.

In our order of May 16, 2023, we explained that because the record did not reflect a finding

of guilt or a jury verdict, it appeared appellant’s notice of appeal is not effective and we have no

jurisdiction over this appeal. See id. We therefore ordered appellant to show cause on or before

May 26, 2023 why this appeal should not be dismissed for lack of jurisdiction. Appellant has not

responded to our order. We therefore dismiss this appeal for lack of jurisdiction.

Do not publish

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