Court of Civil Appeals of Texas, 2011

Ricardo Roque v. State

Ricardo Roque v. State
Court of Civil Appeals of Texas · Decided May 26, 2011

Ricardo Roque v. State

Opinion

Dismissed and Memorandum Opinion filed May 26, 2011.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-11-00423-CR

____________

 

RICARDO ROQUE, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 906957

 

 

MEMORANDUM OPINION

This is an attempted appeal from the denial of “Petitioner’s Motion/Judicial Notice Declaring this Court is in Possession of Vital Evidence Needed to Pursue Appeal.” 

Generally, an appellate court’s jurisdiction is limited to consideration of an appeal by a criminal defendant from 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) 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 appellant’s motion does not result in a separate and appealable order.  Because this appeal does not fall within the exceptions to the general rule that an 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 Chief Justice Hedges, Justices Seymore and Boyce.

Do Not Publish C Tex.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

 

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