Lucas Coe v. State

• Court: Court of Appeals of Texas
• Decided: September 9, 2010
• Docket: 14-10-00563-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 9, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-00563-CR

Lucas Coe, Appellant

V.

The State of Texas, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1227878

MEMORANDUM  OPINION

This is an attempted appeal of an order quashing a subpoena. 

Generally, an 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, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort 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.—Dallas 1998, no pet.); McKown, 915 S.W.2d at 161. 

An order quashing a subpoena 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.

Accordingly, the appeal is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.

Do Not Publish — Tex.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