Thomas Robert Gilchrist v. State

• Court: Court of Appeals of Texas
• Decided: January 27, 2020
• Docket: 04-19-00878-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 27, 2020

No. 04-19-00878-CR

Thomas Robert GILCHRIST, Appellant

v.

The STATE of Texas, Appellee

From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2017-04-13013-CR Honorable H. Paul Canales, Judge Presiding

ORDER On December 19, 2019, appellant filed a pro se notice of appeal seeking to appeal an order that denied his “Pretrial Motion to Dismiss Prosecution with Prejudice” and “Motion to Dismiss Abuse-Prosecutorial Misconduct” signed on December 16, 2019. On January 17, 2020, the district clerk filed the clerk’s record, which contained the December 16, 2019 order but did not include a judgment of conviction.

In general, we have jurisdiction to consider an appeal by a criminal defendant only when the trial court has signed a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (citing Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961)). We do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted to us by law. Id.

Because there is no judgment of conviction, we ORDER appellant to file a response showing why this appeal should not be dismissed for want of jurisdiction by February 26, 2020. appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the district clerk to prepare one and notify this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on the trial court, all counsel, appellant, and the court reporter. _________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of January, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court