Evans, Wesley Earl v. State

• Court: Court of Appeals of Texas
• Decided: January 13, 2005
• Docket: 14-04-00861-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 13, 2005

Dismissed and Memorandum Opinion filed January 13, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00861-CR

WESLEY EARL EVANS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 841,705

M E M O R A N D U M   O P I N I O N

Appellant was convicted of aggravated sexual assault of a child, and the Eleventh Court of Appeals affirmed the conviction in 2003.  Appellant now attempts to appeal a motion to review the trial and appellate record. 

Generally, an 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.CFort Worth 1996, no pet.).  The exceptions 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.CDallas 1998, no pet.); McKown, 915 S.W.2d at 161.

Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 13, 2005.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).