Ex Parte Antonio Sustaita Jr., Fugitive From Justice v. the State of Texas

Opinion

NUMBER 13-25-00220-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

EX PARTE ANTONIO SUSTAITA JR., FUGITIVE FROM JUSTICE

ON APPEAL FROM THE 332ND DISTRICT COURT OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Justice West

The cause is before the Court on its own motion. Appellant filed a notice of appeal attempting to appeal an order authorizing extradition in trial court cause number C-4722- 24-F. We now dismiss the appeal for want of jurisdiction.

On April 25, 2025, the Clerk of the Court notified appellant that it appears the order he was attempting to appeal is not appealable. On May 23, 2024, appellant’s newly appointed counsel submitted a response to the notice in agreement with the determination that the order was unappealable.

Generally, a state appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a signed 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. There is no appealable order currently before the Court; therefore, we lack jurisdiction over the matter.

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 the 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 hereby dismissed for lack of jurisdiction.

JON WEST

Justice

Do not publish.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

Delivered and filed on the 26th day of June, 2025.