Horrace Demar v. State

• Court: Court of Appeals of Texas
• Decided: November 6, 2008
• Docket: 14-08-00982-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 6, 2008

Dismissed and Memorandum Opinion filed November 6, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00982-CR

HORRACE DEMAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 589874

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of attempted capital murder, and on April 9, 1991, the trial court sentenced him to confinement for fifty years in prison.  On April 14, 2008, appellant filed a motion for discovery and inspection of specific evidence, which the trial court denied the same day.  On October 3, 2008, appellant filed a pro se notice of appeal.

Generally, an appellate court has jurisdiction to consider an appeal by a criminal defendant only after 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.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.

The denial of a motion for discovery and inspection of evidence is not a separately appealable order.  Because this appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction, we have no jurisdiction to review the ruling on the motion.

Moreover, the notice of appeal is untimely.  A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial, or within thirty days after the trial court enters an appealable order.  See Tex. R. App. P. 26.2(a)(1).  A notice of appeal that complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction.  Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.  Under those circumstances it can take no action other than to dismiss the appeal.  Id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 6, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.

Do Not Publish C Tex.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