Kemone Duane Rodgers v. State

Opinion

Dismissed; Opinion Filed October 10, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01222-CR

KEMONE DUANE RODGERS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 8 Dallas County, Texas Trial Court Cause No. MA16-18372-J

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Schenck Opinion by Justice Schenck On October 2, 2019, Kemone Duane Rodgers filed his pro se notice of appeal seeking to

appeal the trial court’s “oral denial of the “DEFENDANT’S AMENDED MOTION TO SET

ASIDE COMPLAINT.” We conclude we lack jurisdiction over this appeal.

A pretrial motion, such as appellant’s amended motion to set aside the information and

complaint, may not be appealed until there is a final judgment. See Ex parte Smith, 178 S.W.3d

797, 801 (Tex. Crim. App. 2005); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991);

Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Therefore, any issues

appellant may have with the complaint are not ripe for review. See Smith, 178 S.W.3d at 801;

Apolinar, 820 S.W.2d at 794. If, however, he is convicted, appellant may challenge the information

and complaint on direct appeal. We dismiss this appeal for want of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 191222F.U05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT

KEMONE DUANE RODGERS, Appellant On Appeal from the County Criminal Court No. 8, Dallas County, Texas No. 05-19-01222-CR V. Trial Court Cause No. MA16-18372-J. Opinion delivered by Justice Schenck, THE STATE OF TEXAS, Appellee Chief Justice Burns and Justice Whitehill participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 10th day of October, 2019.