Reynaldo Solis Gonzalez v. State

Court of Appeals of Texas·Decided July 5, 2012·No. 04-12-00273-CR·Published

Opinion

MEMORANDUM OPINION No. 04-12-00273-CR

Reynaldo Solis GONZALEZ, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR10915 Honorable Mary D. Roman, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: July 5, 2012

DISMISSED FOR WANT OF JURISDICTION

Appellant’s notice of appeal stated he was appealing from his conviction in trial court

cause number 2011CR10915. The clerk’s record does not contain a judgment of conviction

against appellant in cause number 2011CR10915. See TEX. R. APP. P. 26.2. The clerk’s record

contains an order dismissing cause number 2011CR10915. We therefore ordered appellant to

file, on or before June 11, 2012, a response showing why this appeal should not be dismissed for

want of jurisdiction. We informed appellant that if he failed to satisfactorily respond within the 04-12-00273-CR

time provided, the appeal would be dismissed. See TEX. R. APP. P. 42.3(c). Appellant did not file

a response or file a supplemental clerk’s record.

As a general rule, an appellate court may consider appeals by criminal defendants only

after conviction. See Ex parte Shumake, 953 S.W.2d 842, 844 (Tex. App.—Austin 1997, no

pet.). There are narrow exceptions to this general rule; however, an order of dismissal is not an

appealable order. Petty v. State, 800 S.W.2d 582, 583 (Tex App.—Tyler 1990, no pet.).

Accordingly, we dismiss this appeal for want of jurisdiction. Id.

DO NOT PUBLISH

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Related

Ex Parte Shumake
953 S.W.2d 842 (Court of Appeals of Texas, 1997)
Petty v. State
800 S.W.2d 582 (Court of Appeals of Texas, 1990)