Mayes, Terence Dale v. State

• Court: Court of Appeals of Texas
• Decided: June 16, 2005
• Docket: 14-05-00528-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 16, 2005

Dismissed and Memorandum Opinion filed June 16, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00528-CR

TERENCE DALE MAYES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 932,926

M E M O R A N D U M   O P I N I O N

This is an attempted appeal of appellant=s motion for bond pending 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.‑‑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. 

On September 23, 2004, this court affirmed appellant=s conviction for aggravated robbery in cause number 932,926.  There is no new 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 June 16, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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