Ricardo Roque v. State

• Court: Court of Appeals of Texas
• Decided: May 26, 2011
• Docket: 14-11-00423-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 26, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00423-CR

RICARDO ROQUE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 906957

MEMORANDUM OPINION

This is an attempted appeal from the denial of “Petitioner’s Motion/Judicial Notice Declaring this Court is in Possession of Vital Evidence Needed to Pursue Appeal.” 

Generally, an appellate court’s jurisdiction is limited to consideration of an appeal by a criminal defendant from 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) 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.CDallas 1998, no pet.);  McKown, 915 S.W.2d at 161. 

The denial of appellant’s motion does not result in a separate and appealable order.  Because this appeal does not fall within the exceptions to the general rule that an 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 Chief Justice Hedges, Justices Seymore and Boyce.

Do Not Publish C Tex.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