Goosby, Richard Barnett v. State

• Court: Court of Appeals of Texas
• Decided: April 7, 2005
• Docket: 14-05-00105-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 7, 2005

Dismissed and Memorandum Opinion filed April 7, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00105-CR

RICHARD BARNETT GOOSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 986,575

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a dismissal of charges, which the State refiled under a different cause number. 

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, 170 Tex.Crim. 621, 343 S.W.2d 446, 447 (1961);  McKown v. State, 915 S.W.2d 160, 161 (Tex.App.‑‑Fort 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.‑‑Dallas 1998, no pet.);  McKown, 915 S.W.2d at 161. 

Because this appeal does not fall in an exception 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 April 7, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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