In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-09-00174-CR
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JOSHUA LEE BRADSHAW, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law
Cass County, Texas
Trial Court No. CCL-M-09-0330
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Joshua Lee Bradshaw, appellant, has filed with this Court a motion to dismiss his appeal. The motion is signed by Bradshaw and by his counsel in compliance with Tex. R. App. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See Tex. R. App. P. 42.2.
Accordingly, we dismiss the appeal.
Jack Carter
Justice
Date Submitted: October 26, 2009
Date Decided: October 27, 2009
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text-align: center">MEMORANDUM OPINION
Tommy Ray Young has filed a notice of appeal from an order dismissing the prosecution against him. Generally, appellate courts may consider an appeal by a criminal defendant only after conviction. See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961). There are narrow exceptions to the rule requiring conviction before a criminal defendant may appeal. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).
Because Young has not been convicted and his case does not fall into any of the exceptions allowing a criminal defendant to appeal without having been convicted, we conclude we do not have jurisdiction over this appeal. See Wright, 969 S.W.2d at 589–90 (defendant may not appeal pretrial order revoking bond); Shumake v. State, 953 S.W.2d 842, 846–47 (Tex. App.—Austin 1997, no pet.) (defendant may not appeal pretrial order raising bond); McKown, 915 S.W.2d at 161 (defendant may not appeal trial court's denial of motion to suppress); Petty v. State, 800 S.W.2d 582, 583 (Tex. App.—Tyler 1990, no pet.) (defendant may not appeal trial court's order of dismissal—not aggrieved by order).
We dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 4, 2006
Date Decided: January 5, 2006
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