Miguel Angel Rodriguez v. State

In the Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-18-00412-CR ___________________________

MIGUEL ANGEL RODRIGUEZ, Appellant

V. THE STATE OF TEXAS

On Appeal from Criminal District Court No. 2

Tarrant County, Texas Trial Court No. 1528626

Before Sudderth, C.J.; Meier and Birdwell, JJ.

Memorandum Opinion by Justice Birdwell

MEMORANDUM OPINION

Pursuant to a plea-bargain agreement, the trial court convicted appellant Miguel Angel Rodriguez of possessing a controlled substance in cause number 1520391D. He appealed his conviction in that case along with his conviction arising from another case, and we dismissed both appeals because the trial court had certified that he had no right to appeal. See Rodriguez v. State, Nos. 02-18-00358-CR, 02-18-00359-CR, 2018 WL 4925339, at *1 (Tex. App.—Fort Worth Oct. 11, 2018, no pet.) (mem. op., not designated for publication); see also Tex. R. App. P. 25.2(d). As part of his plea bargain in cause number 1520391D, the trial court dismissed this case, cause number 1528626. From the trial court’s dismissal order, Rodriguez filed a notice of appeal.

We sent Rodriguez a letter expressing our concern that we lacked jurisdiction over his appeal. We informed him that unless he filed a response showing grounds for continuing this appeal, we could dismiss it. He has not responded.

In a criminal case, we generally have jurisdiction only when the trial court has signed a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.— Fort Worth 1996, no pet.). We do not have jurisdiction from a trial court’s order dismissing a criminal case. See Munguia v. State, No. 11-18-00059-CR, 2018 WL 1546233, at *1 (Tex. App.—Eastland Mar. 30, 2018, no pet.) (mem. op., not designated for publication); McCray v. State, No. 01-12-00969-CR, 2013 WL 6047614, at *1 (Tex. App.—Houston [1st Dist.] Nov. 14, 2013, no pet.) (mem. op., not designated for publication). Therefore, we dismiss this appeal. See Tex. R. App. P. 43.2(f).

/s/ Wade Birdwell Wade Birdwell Justice

Do Not Publish Tex. R. App. P. 47.2(b) Delivered: December 20, 2018