Court of Civil Appeals of Texas, 2009

Lyisha Jernigan v. State

Lyisha Jernigan v. State
Court of Civil Appeals of Texas · Decided March 12, 2009

Lyisha Jernigan v. State

Opinion

Dismissed and Memorandum Opinion filed March 12, 2009

Dismissed and Memorandum Opinion filed March 12, 2009.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-09-00207-CR

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LYISHA JERNIGAN, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1184059

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a Aguilty@ plea to possession of a controlled substance.   In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudicating guilt and placed appellant on community supervision for two years.  Subsequently, the State moved to adjudicate guilt.  On February 6, 2009, the trial court granted the State=s motion to dismiss the action to adjudicate guilt.  On February 23, 2009,  appellant filed a pro se notice of appeal.  We dismiss the appeal. 


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.CFort Worth 1996, no pet.).  The exceptions include:  (1) an appeal from a plea entered without a plea bargain while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); (2) appeals from the denial of a motion to reduce bond, Tex. R. App. P.  31.1; McKown, 915 S.W.2d at 161;  and (3) certain appeals from the denial of habeas corpus relief. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.CDallas 1998, no pet.);  McKown, 915 S.W.2d at 161

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.

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

 

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).

 

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