Jason Neil Kosier v. the State of Texas

Court of Appeals of Texas·Decided February 7, 2025·No. 03-24-00743-CR·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00743-CR

Jason Neil Kosier, Appellant v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY NO. 23CCR06974, THE HONORABLE JOHN MICHAEL MISCHTIAN, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Jason Neil Kosier has filed a pro se notice of appeal in the above cause, in which Kosier has been charged with the offense of driving with an invalid or suspended license. The record reflects that Kosier is still awaiting trial on that charge.

Generally, an appeal may be taken by a defendant in a criminal case only after a final judgment. See Tex. Code Crim. Proc. Ann. art. 44.02; Abbott v. State, 271 S.W.3d 694, 697 n.8 (Tex. Crim. App. 2008); State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). A court of appeals lacks appellate jurisdiction to review an order before final judgment unless an interlocutory appeal is expressly provided by statute. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). There is no statute providing us with jurisdiction here. Accordingly, we dismiss this appeal for want of jurisdiction. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (per curiam).

Gisela D. Triana, Justice

Before Justices Triana, Theofanis, and Crump Dismissed for Want of Jurisdiction Filed: February 7, 2025 Do Not Publish

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Related

State v. Sellers
790 S.W.2d 316 (Court of Criminal Appeals of Texas, 1990)
Abbott v. State
271 S.W.3d 694 (Court of Criminal Appeals of Texas, 2008)
McKown v. State
915 S.W.2d 160 (Court of Appeals of Texas, 1996)
Ragston, Joshua Dewayne
424 S.W.3d 49 (Court of Criminal Appeals of Texas, 2014)