Lyisha Jernigan v. State

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 14-09-00207-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 12, 2009

Dismissed and Memorandum Opinion filed March 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00207-CR

LYISHA JERNIGAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1184059

M E M O R A N D U M   O P I N I O N

Appellant entered a Aguilty@ plea to possession of a controlled substance.   In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudicating guilt and placed appellant on community supervision for two years.  Subsequently, the State moved to adjudicate guilt.  On February 6, 2009, the trial court granted the State=s motion to dismiss the action to adjudicate guilt.  On February 23, 2009,  appellant filed a pro se notice of appeal.  We dismiss the appeal. 

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.CFort Worth 1996, no pet.).  The exceptions include:  (1) an appeal from a plea entered without a plea bargain 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.CDallas 1998, no pet.);  McKown, 915 S.W.2d at 161. 

Because this appeal does not fall within the exceptions to the general rule that 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 Frost, Brown, and Boyce.

Do Not Publish C Tex.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