Joshua Lee Bradshaw v. State

















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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