Sherri Dee Buchans v. State

• Court: Court of Appeals of Texas
• Decided: August 6, 2014
• Docket: 04-14-00546-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas August 6, 2014

No. 04-14-00546-CR

Sherri Dee BUCHANS, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR7558 Honorable Maria Teresa Herr, Judge Presiding

ORDER Sherri Dee Buchans filed a notice of appeal on July 25, 2014. The notice states Buchans desires to appeal the trial court’s finding of guilt. However, the clerk’s record reflects that Buchans has not yet been sentenced and the record does not contain a judgment of conviction.

The courts of appeal have jurisdiction of an appeal by a criminal defendant only after a conviction or when an appeal is specifically authorized by statute. Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961); see Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991).

We therefore order a response due August 12, 2014, showing why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

All deadlines in this matter are suspended until further order of the court.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of August, 2014.

___________________________________ Keith E. Hottle Clerk of Court