Hipolito Torres Galicia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 17, 2023
• Docket: 14-22-00750-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 17, 2023

In The

Fourteenth Court of Appeals

NO. 14-22-00749-CR NO. 14-22-00750-CR

HIPOLITO TORRES GALICIA, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause Nos. 19-DCR-089024 & 19-DCR-089025

MEMORANDUM OPINION

The State charged appellant with two counts of indecency with a child and one count of aggravated sexual assault of a child. After appellant was convicted of aggravated sexual assault of a child, the State moved to dismiss the two charges for indecency. The trial court granted the motion and dismissed the charges for indecency with a child. Appellant, however, filed a notice of appeal in each of the three cause numbers, despite there only being a final judgment in one of the causes.

In Texas, appeals in criminal cases are permitted only when they are authorized by statute. State ex rel. Lykos, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); see Tex. Code Crim. Proc. art. 44.02. Generally, a criminal defendant may only appeal from a final judgment of conviction. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review interlocutory orders in a criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). See also Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014).

There is not a judgment of conviction in trial court cause number 19-DCR- 089024, appellate cause number 14-22-00749-CR; nor in trial court cause number 19-DCR-089025, appellate cause number 14-22-00750-CR. Accordingly, we have no jurisdiction over these appeals.

We dismiss the appeals.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Hassan. Do Not Publish — Tex. R. App. P. 47.2(b).