Ronald Babino v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 29, 2024
• Docket: 09-24-00153-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00153-CR __________________

RONALD BABINO, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F22-39753 __________________________________________________________________

MEMORANDUM OPINION

Ronald Babino filed a notice of appeal in a case that had been dismissed. The

Clerk of the Court issued a notice to the parties that our jurisdiction was not apparent

from the notice of appeal and warned that the appeal would be dismissed for lack of

jurisdiction unless the Court received a response showing grounds for continuing the

appeal. In a response, the State explained that there is no justiciable controversy to

1 resolve in this appeal because the trial court granted the State’s motion to dismiss

Trial Cause Number F22-39753 after Babino was convicted in another case.1

Generally, an appeal may be taken by a defendant in a criminal case only after

a final conviction. See Tex. R. App. P. 26.2(a) (establishing time for appeal by a

defendant after a sentence is imposed in open court or the trial court signs an

appealable order). In criminal cases, the courts of appeals have jurisdiction only of

appeals authorized by a statute. See Tex. Code Crim. Proc. Ann. art. 44.02; Abbott

v. State, 271 S.W.3d 694, 697 n.8 (Tex. Crim. App. 2008) (A defendant’s general

right to appeal under Article 44.02 has always been limited to appeal from a final

judgment.). Neither of the parties have shown that the trial court has imposed

sentence in open court or signed an order that may be appealed at this time. See Tex.

R. App. P. 26.2(a). Accordingly, we dismiss the appeal for lack of jurisdiction. See

id. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 28, 2024 Opinion Delivered May 29, 2024 Do Not Publish

Before Horton, Johnson and Wright, JJ.

On April 25, 2024, Babino filed a notice of appeal from his conviction in 1

Trial Cause Number 23DCCR1062. Upon receiving the notice of appeal, we docketed Appeal Number 09-24-00154-CR. That appeal is unaffected by the dismissal of Appeal Number 09-24-00153-CR. 2