Victor Jewell Black v. State

• Court: Court of Appeals of Texas
• Decided: November 18, 2020
• Docket: 05-20-00953-CR
• Status: Published

Opinion

Dismiss and Opinion Filed November 18, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00953-CR

VICTOR JEWELL BLACK, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F09-62734-Y

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Evans Opinion by Justice Pedersen, III Victor Jewell Black is attempting to appeal the trial court’s order denying his

October 21, 2020 “Motion for Release of Forensic’s Report of State’s Exhibit -14 –

Knife.”

Generally, this Court has jurisdiction to consider appeals by criminal

defendants only after a judgment of conviction. Gutierrez v. State, 307 S.W.3d 318,

321 (Tex. Crim. App. 2010); see Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—

Dallas 1998, no pet.) (appellate courts may consider appeals by criminal defendants

only after conviction or entry of appealable order); Rabbani v. State, 494 S.W.3d

778, 780 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (same). There are a few very limited exceptions to this general rule. See Wright, 969 S.W.2d at 589. In the

absence of an appealable judgment or order, we are without jurisdiction to hear an

appeal.

Black had the right to appeal the November 22, 2010 written judgment of

conviction, and he exercised that right. See Black v. State, No. 05-10-01558-CR,

2012 WL 26501, at *2 (Tex. App.—Dallas, Jan. 25, 2012, pet. ref’d) (mem. op., not

designated for publication). The trial court’s order denying Black’s request for a

copy of a report that was neither offered nor admitted as evidence at trial is not an

order from which the Texas Legislature has authorized an appeal.

Under these circumstances, we have no other option than to dismiss this

appeal for want of jurisdiction.

/Bill Pedersen, III// 200953f.u05 BILL PEDERSEN, III Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

VICTOR JEWELL BLACK, On Appeal from the Criminal District Appellant Court No. 7, Dallas County, Texas Trial Court Cause No. F09-62734-Y. No. 05-20-00953-CR V. Opinion delivered by Justice Pedersen, III. Justices Partida- THE STATE OF TEXAS, Appellee Kipness and Evans participating.

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

Judgment entered this 18th day of November, 2020.

–3–