Thomas Ray Poole v. State

Opinion

Dismissed and Memorandum Opinion filed March 27, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00081-CR

THOMAS RAY POOLE, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court Harris County, Texas Trial Court Cause No. 890960

MEMORANDUM OPINION

This is an attempted appeal from the trial court’s denial of appellant’s motion to obtain a free record for use in pursuing post-conviction habeas corpus relief. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been 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.—Fort Worth 1996, no pet.). The denial of a motion to obtain a free record is not an appealable order. See Manning v. State, 14-11-00464-CR, 2011 WL 2434064, *1 (Tex. App.—Houston [14th Dist.] June 16, 2011, no pet.) (mem. op., not designated for publication). Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction. See Abbot v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Brown. Do Not Publish — Tex. R. App. P. 47.2(b).