Kelvin Miles A/K/A Kelvin Karl Miles v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 25, 2022
• Docket: 13-22-00324-CR
• Status: Published

Opinion

NUMBERS 13-22-00324-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

KELVIN MILES A/K/A KELVIN KARL MILES, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Tijerina Memorandum Opinion by Justice Tijerina

Appellant filed a notice of appeal attempting to appeal a judgment and sentence in

trial court case number 20FC-5168B. We dismiss the appeal for want of jurisdiction.

On July 20, 2022, the Clerk of the Court notified appellant that it appeared the

order he was attempting to appeal is not appealable. Appellant was further notified that if

the defect was not corrected within thirty days from the date of the letter, the appeal would be subject to dismissal. Appellant has failed to cure the defect. Furthermore, on July 19,

2022, the trial court dismissed the underlying cause in this matter.

Generally, a state 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, 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.

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 this

matter herein. Accordingly, this appeal is dismissed for want of jurisdiction.

JAIME TIJERINA Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 25th day of August, 2022.