Court of Civil Appeals of Texas, 2025

Michael Adam Kozitzki v. the State of Texas

Michael Adam Kozitzki v. the State of Texas
Court of Civil Appeals of Texas · Decided March 5, 2025

Michael Adam Kozitzki v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00882-CR Michael Adam KOZITZKI, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR012870 Honorable Frank J. Castro, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice Delivered and Filed: March 5, 2025 DISMISSED FOR LACK OF JURISDICTION Appellant, acting pro se, filed a notice of appeal on December 23, 2024, purporting to appeal on the basis of ineffective assistance of counsel, violation of his right to speedy trial, and other constitutional violations. Thereafter, the trial court clerk filed the clerk’s record. The clerk’s record does not contain a final judgment of conviction. “With certain exceptions …, this court has jurisdiction to consider an appeal filed by a criminal defendant only after a final judgment of conviction.” Zamarripa v. State, No. 04-16-00274-CR, 2016 WL 3085932, at *1 (Tex. App.—San Antonio June 1, 2016, no pet.) (mem. op., not designated for publication) (citing TEX. CODE CRIM.

04-24-00882-CR

PROC. art. 44.02); accord McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (“Generally, we only have jurisdiction to consider an appeal by a criminal defendant where there has been a judgment of conviction.”).

On January 23, 2025, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not timely respond or otherwise explain how this court has appellate jurisdiction. Accordingly, this appeal is dismissed for lack of jurisdiction. See TEX. CODE CRIM. PROC. art. 44.02; McKown, 915 S.W.2d at 161; Zamarripa, 2016 WL 3085932, at *1.

PER CURIAM

DO NOT PUBLISH

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