Robert Joseph Yezak v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00603-CR

Robert Joseph Yezak, Appellant

v.

State of Texas, Appellee

FROM THE 27TH DISTRICT COURT OF BELL COUNTY NO. FR78644, THE HONORABLE JOHN T. GAUNTT, JUDGE PRESIDING

MEMORANDUM OPINION

Robert Joseph Yezak has filed a pro se notice of appeal challenging various

actions allegedly made by the trial court. Generally, an appellate court only has jurisdiction

to consider an appeal by a criminal defendant where there has been a final judgment of

conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); Curiel v. State,

No. 13-21-00400-CR, 2022 WL 1412320, at *1 (Tex. App.—Corpus Christi-Edinburg May 5,

2022, no pet.) (mem. op., not designated for publication). That general rule is subject to some

exceptions, including some appeals where a defendant is on deferred adjudication community

supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); appeals from the denial

of a motion to reduce bond, Tex. R. App. P. 31.1; and some appeals related to the denial of a

claim for habeas corpus relief, id.; Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas

1998, no pet.). Our review of the clerk’s record reveals that no final judgment of conviction or

other appealable order has been entered in this case, and the trial court has certified that “no

action has occurred upon which an appeal may be predicated.” Accordingly, we dismiss the

appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d) (explaining that if trial court

does not certify that defendant has right to appeal, “appeal must be dismissed”).

__________________________________________ Thomas J. Baker, Justice

Before Justices Goodwin, Baker, and Kelly

Dismissed for Want of Jurisdiction

Filed: October 21, 2022

Do Not Publish