Court of Civil Appeals of Texas, 2024

William James Ballestero v. the State of Texas

William James Ballestero v. the State of Texas
Court of Civil Appeals of Texas · Decided July 31, 2024

William James Ballestero v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00443-CR William James BALLESTERO, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR9581 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Delivered and Filed: July 31, 2024 DISMISSED FOR LACK OF JURISDICTION Appellant filed a notice of appeal seeking to appeal a judgment of conviction and sentence rendered against him in Cause No. 2022CR9581. However, the clerk’s record does not contain a judgment of conviction. Rather, on August 24, 2023, the trial court ordered dismissal of Cause No. 2022CR9581, noting the case is “to be heard in [Cause No.] 2023CR1779.”

Our appellate jurisdiction in criminal matters is limited to judgments of conviction or where jurisdiction has been expressly granted by law. See Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). Therefore, upon review of the clerk’s record, it appeared this court lacks 04-24-00443-CR

jurisdiction over this appeal. Consequently, on July 8, 2024, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On July 18, 2024, appellant filed a response agreeing this court lacks jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH

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