Leo Rey Bernal v. the State of Texas

Opinion

NUMBERS 13-22-00556-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

LEO REY BERNAL, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 156th District Court of Live Oak County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Benavides

Appellant filed a notice of appeal attempting to appeal a denial of a writ of habeas

corpus in trial court case number LCV220113. We dismiss the appeal for want of

jurisdiction.

On December 1, 2022, the Clerk of the Court notified appellant that it appears that

there is no final, appealable judgment. 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.

Generally, a state appellate court only has jurisdiction to consider an appeal by a

criminal defendant where there has been a signed 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. There is no signed order currently before

the Court.

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 the

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

GINA M. BENAVIDES Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 30th day of March, 2023.