Luis Enrique Rivera v. State

• Court: Court of Appeals of Texas
• Decided: December 5, 2018
• Docket: 09-18-00418-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _______________________

NO. 09-18-00418-CR _______________________

LUIS ENRIQUE RIVERA, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 09-02-01421 ________________________________________________________ _____________

MEMORANDUM OPINION

On September 14, 2018, Luis Enrique Rivera filed a notice of appeal from an

order signed March 26, 2018, which denied in part Rivera’s request for the return of

property in his criminal case. 1 We questioned our jurisdiction. Rivera filed a

response, but his response failed to establish that Rivera timely perfected an appeal

1 Rivera’s capital murder was affirmed on appeal. See Rivera v. State, 381 S.W.3d 710, 715 (Tex. App.—Beaumont 2012, pet. ref’d). None of the documents submitted by the appellant suggest that the seized items have been the subject of a civil forfeiture proceeding. 1 from an appealable order. Accordingly, we dismiss the appeal for lack of

jurisdiction.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on December 4, 2018 Opinion Delivered December 5, 2018 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.