Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00546-CR
Sherri Dee BUCHANS,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR7558
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: October 1, 2014
DISMISSED FOR LACK OF JURISDICTION
Sherri Dee Buchans filed a notice of appeal on July 25, 2014, stating she desires to appeal
the trial court’s finding of guilt. The record reflects that Buchans was found guilty of theft, but
failed to appear at her sentencing hearing. Therefore sentence has not been imposed or suspended
in open court and the record does not contain a final judgment of conviction.
The courts of appeal have jurisdiction of an appeal by a criminal defendant only from a
final judgment of conviction or when an appeal is specifically authorized by statute. Apolinar v.
State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Because Buchans has not been sentenced,
04-14-00546-CR
there is no final judgment to appeal. We therefore dismiss this appeal for lack of jurisdiction
without prejudice to Buchans’s right to appeal the judgment after she is sentenced.
PER CURIAM
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