Cindy Watson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 18, 2022
• Docket: 13-22-00321-CR
• Status: Published

Opinion

NUMBER 13-22-00321-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

CINDY WATSON, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Tijerina Memorandum Opinion by Justice Longoria

Appellant, Cindy Watson, attempts to appeal a June 24, 2022 order modifying the

terms of her community supervision. We dismiss the appeal for want of jurisdiction.

On July 18, 2022, the Clerk of the Court notified appellant that it appears the order

she was attempting to appeal is not appealable. Appellant was further notified that if the defect was not corrected within thirty days from the date of the letter, the appeal would

be subject to dismissal. On August 11, 2022, the Court received a response from the

Honorable Travis Berry, appellant’s counsel, informing the Court that the appellant does

not have the right to appeal and that the appeal should be dismissed.

Generally, a state 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, 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.). Exceptions to the general rule 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.

Our review of the documents before the Court does not reveal an appealable order

entered by the trial court within thirty days before the filing of appellant's notice of appeal.

The Court, having examined and fully considered appellant’s notice of appeal, is of the

opinion that there is not an appealable order, and this Court lacks jurisdiction over the

matters herein. Accordingly, this appeal is dismissed for lack of jurisdiction.

NORA L. LONGORIA Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 18th day of August, 2022.