Court of Civil Appeals of Texas, 2011

Cedric Charles Figgs v. State

Cedric Charles Figgs v. State
Court of Civil Appeals of Texas · Decided June 16, 2011

Cedric Charles Figgs v. State

Opinion

Dismissed and Memorandum Opinion filed June 16, 2011.

 

 

In The

 

Fourteenth Court of Appeals

___________________

 

NO. 14-11-00441-CR

___________________

 

CEDRIC CHARLES FIGGS, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 15,824

 

 

 

MEMORANDUM  OPINION

This is an attempted appeal from the denial of appellant’s “motion to dismiss prosecution.”  The record does not contain a final judgment of conviction.  The trial court entered a certification of defendant’s right of appeal in which the court certified that “[t]here being no final judgment or final order signed by this [court] and there being no Interlocutory right to appeal, the [court] finds Defendant has no right to appeal at this time.”  See Tex. R. App. P. 25.2(a)(2) and (d).  The record supports the trial court’s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 

Generally, an appellate court has jurisdiction only 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.).  Exceptions include: (1) certain appeals 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

The denial of a motion to dismiss is not a separately appealable order.  Because we have no jurisdiction, the appeal is ordered dismissed.

 

PER CURIAM

 

Panel consists of Justices Anderson, Brown, and Christopher.

Do Not Publish C Tex.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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.