Sebastian Carlos Roman v. State

• Court: Court of Appeals of Texas
• Decided: March 12, 2020
• Docket: 05-20-00013-CR
• Status: Published

Opinion

DISMISS and Opinion Filed March 12, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00013-CR

SEBASTIAN CARLOS ROMAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 071029 - Count 3

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Osborne Sebastian Carlos Roman filed his notice of appeal on January 2, 2020. The

clerk’s record shows that although appellant was indicted on three counts, the jury

did not find him guilty of count 3, aggravated assault with a deadly weapon. In fact,

the judgment states “Judgment not reached.”

Appeals in criminal cases are permitted only when they are specifically

authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim.

App. 2011); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008).

Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). A “final judgment” is a

“final judgment of conviction,” which is defined in the code of criminal procedure

as “the written declaration of the court signed by the trial judge and entered of record

showing the conviction or acquittal of the defendant.” Raley v. State, 441 S.W.3d

647, 650 (Tex. App.—Houston [1st Dist.] 2014, pet ref’d); TEX. CODE CRIM. PROC.

ANN. art. 42.01, § 1. Here, appellant was not convicted of count 3, and there is no

judgment. Under these circumstances, we conclude we have no jurisdiction.

We dismiss the appeal.

. /Leslie Osborne/ LESLIE OSBORNE JUSTICE

Do Not Publish Tex. R. App. P. 47.2(b) 200013F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SEBASTIAN CARLOS ROMAN, On Appeal from the 397th Judicial Appellant District Court, Grayson County, Texas No. 05-20-00013-CR V. Trial Court Cause No. 071029 Ct 3. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Osborne, Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered March 12, 2020

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