David Cepeda Jones v. State

Opinion

MEMORANDUM OPINION No. 04-11-00069-CR

David Cepeda JONES, Appellant

v.

The STATE of Texas, Appellee

Trial Court No. CM002974

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: February 9, 2011

DISMISSED FOR LACK OF JURISDICTION

Appellant’s notice of appeal states his intention to appeal; however, the notice of appeal

further notes that he was not sentenced or convicted in the underlying cause. The notice of

appeal further notes that the case was rejected. The trial court clerk’s Certificate of Notice of

Appeal also states, “case closed since 07-01-2005 rejected further investigation.”

Absent a few statutory exceptions that are inapplicable to this appeal, a criminal

defendant may only appeal from a final judgment of conviction. See State v. Sellers, 790 S.W.2d 04-11-00069-CR

316, 321 n. 4 (Tex. Crim. App. 1990); Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.—Fort

Worth 2004, pet. ref’d). Accordingly, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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