Mark Anthony Parmer v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2006
• Docket: 14-05-01194-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 5, 2006

Dismissed and Memorandum Opinion filed January 5, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01194-CR

MARK ANTHONY PARMER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 35,626

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from the denial of appellant=s motion for transcripts and evidence.  In a separate appeal, appellant challenged his conviction and that appeal was dismissed for lack of jurisdiction because the notice of appeal was not timely filed.  See Parmer v. State, 2005 WL 2674950 (Tex. App.BHouston [14th Dist.] 2005, no pet. h.).

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant when 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.).  Although there are exceptions to this general rule, the denial of a motion for transcripts and evidence is not a separately appealable order.  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

Judgment rendered and Memorandum Opinion filed January 5, 2006.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish — Tex.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