Mary Guzman Tello v. State

• Court: Court of Appeals of Texas
• Decided: May 21, 2009
• Docket: 14-09-00334-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 21, 2009

Dismissed and Memorandum Opinion filed May 21, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00334-CR

MARY GUZMAN TELLO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 361st District Court

Brazos County, Texas

Trial Court Cause No. 08-02071-CRF-361

M E M O R A N D U M   O P I N I O N

According to information provided to this Court, appellant entered a plea agreement with the State on December 10, 2008, and she filed a notice of appeal the same day.  On April 30, 2009, the Brazos County District Clerk=s office advised this Court that no judgment has been entered in this case. 

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).  In addition, a notice of appeal in a criminal case is not effective when filed before the trial court makes a finding of guilt.  See Tex. R. App. P. 27.1(b). 

On May 1, 2009, this Court notified the parties that the appeal was subject to dismissal for want of jurisdiction unless a response was filed in ten days demonstrating that we have jurisdiction over this appeal.  No response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

Do Not Publish C Tex.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