Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

ESTHER D. HINSON,

)No. 08-04-00037-CR

)

Appellant,

)Appeal from

)

v.

)County Court at Law No. 4

)

THE STATE OF TEXAS,

)of El Paso County, Texas

)

Appellee.

)(TC# 20020C05855)

MEMORANDUM OPINION

Esther D. Hinson, pro se, is charged with the offense of false report to a police officer. Because an appealable order or judgment has not been entered by the trial court, we dismiss the appeal for want of jurisdiction.

A defendant in a criminal case has the right of appeal under Code of Criminal Procedure Article 44.02 and the Rules of Appellate Procedure. Tex.R.App.P. 25.2; Tex.Code Crim.Proc.Ann. art. 44.02 (Vernon 1979). The County Clerk has notified the Court that the trial court has not entered an appealable order. Further, it appears from the information received from the trial court clerk that the trial court has not made a finding of guilt or received a jury verdict. While a notice of appeal filed prematurely may be effective in most circumstances, a notice of appeal is not effective if filed before the trial court makes a finding of guilt or receives a jury verdict. Tex.R.App.P. 27.1(b). The appeal is dismissed for want of jurisdiction. Appellant is not precluded from filing a notice of appeal after entry of an appealable order or the imposition of sentence in open court.

April 29, 2004

ANN CRAWFORD McCLURE, Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)