Demetrius Rashad Greer v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00251-CR

DEMETRIUS RASHAD GREER, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2017-874-C1

MEMORANDUM OPINION

On July 9, 2018 Demetrius Greer filed a notice of appeal attempting to appeal his

conviction for assault family violence entered on April 30, 2018. The certificate of right

to appeal indicated that it was a plea bargain case and that Greer waived his right to

appeal. We dismissed that appeal, Cause No. 10-18-00222-CR, on July 18, 2018. See TEX.

R. APP. P. 25.2(d). On July 25, 2018, Greer filed an “Amended Notice of Appeal” in which he attempts

to appeal the trial court’s July 6 order denying his motion for new trial. The amended

notice of appeal gave rise to this proceeding. The right of appeal in criminal cases is

conferred by the Legislature, and a party may appeal only from judgments of conviction

or interlocutory orders authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art.

44.02 (West 2006); TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex.

Crim. App. 2014). In this case, Greer does not appeal from a judgment of conviction or

an appealable interlocutory order. See, e.g., Mack v. State, No. 10-17-00383-

CR, S.W.3d , 2017 Tex. App. LEXIS 11326 (Tex. App.—Waco Dec. 6, 2017, pet.

ref’d). Accordingly, this appeal is dismissed.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed September 26, 2018 Do not publish [CR25]

Greer v. State Page 2