Court of Civil Appeals of Texas, 2025

Mason Hunter Skillern v. the State of Texas

Mason Hunter Skillern v. the State of Texas
Court of Civil Appeals of Texas · Decided June 18, 2025

Mason Hunter Skillern v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-25-00126-CR NO. 09-25-00127-CR NO. 09-25-00128-CR __________________ MASON HUNTER SKILLERN, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 75th District Court Liberty County, Texas Trial Cause Nos. 23DC-CR-00979, 23DC-CR-00980, and 23DC-CR-01069 __________________________________________________________________ MEMORANDUM OPINION Mason Hunter Skillern was convicted in Trial Cause Number 23DC-CR- 00978. The judgment indicates his guilty plea in that case was the product of a plea bargain agreement where the State consented to the trial court’s consideration of the unadjudicated offenses charged in Trial Cause Numbers 23DC-CR-00979, 23DC- CR-00980, and 23DC-CR-01069, thereby barring prosecution for the unadjudicated offenses. See Tex. Penal Code Ann. § 12.45. On April 9, 2025, Skillern filed notices of appeal in all four cases. Through a notice issued by the Clerk of the Court, we questioned whether appealable orders had been signed in Trial Cause Numbers 23DC-CR-00979, 23DC-CR-00980, and 23DC-CR-01069, and we warned the parties that the appeals would be dismissed without further notice unless we received a response that established our appellate jurisdiction. Neither Skillern nor the State filed a response.

In criminal cases, the courts of appeals have jurisdiction only of those appeals authorized by a statute, such as article 44.02, which provides that a defendant in a criminal action has a right of appeal “under the rules hereinafter prescribed[.]” See Tex. Code Crim. Proc. Ann. art. 44.02. Generally, an appeal may be taken by a defendant in a criminal case only after a final conviction. See Tex. R. App. P. 26.2(a) (establishing time for appeal by a defendant after a sentence is imposed in open court or the trial court signs an appealable order). A court of appeals lacks appellate jurisdiction to review an order before final judgment unless an interlocutory appeal is expressly provided by statute. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim.

App. 2014); Apolinar v. State, 820 S.W.2d 792, 793 (Tex. Crim. App. 1991). Neither party has shown that the trial court has imposed sentence in open court or signed an order that may be appealed at this time. See Tex. R. App. P. 26.2(a). Accordingly, we dismiss the appeals for lack of jurisdiction. See id. 43.2(f).

APPEALS DISMISSED.

PER CURIAM Submitted on June 17, 2025 Opinion Delivered June 18, 2025 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ.

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