Melvin Matos v. State

Dismissed and Memorandum Opinion filed March 23, 2006

Dismissed and Memorandum Opinion filed March 23, 2006.

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-06-00211-CR

 

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MELVIN MATOS, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

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On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1044021

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M E M O R A N D U M   O P I N I O N


This is an attempted appeal from an order of dismissal signed October 27, 2005.  The State had moved to dismiss this case based on appellant=s convictions in cause numbers 1037333 and 1044022.  Appellant filed a notice of appeal listing all three cause numbers.[1]  Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction.  Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.CFort Worth 1996, no pet.).  There is no final judgment of conviction in this case, and we lack jurisdiction over a criminal defendant=s appeal from an order dismissing a case.

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed March 23, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.

Do Not PublishCTex. R. App. P. 47.2(b).

 

 

 



[1]  The appeals in cause numbers 1037333 and 1044022 were dismissed because the trial court certified that they were plea bargain cases and the defendant had no right of appeal.  See Matos v. State, Nos. 14-05-01157-CR & 14-05-01158-CR (Tex. App.CHouston [14th Dist.] March 2, 2006, no pet. h.) (not designated for publication).  This appeal was not assigned to this court until March 3, 2006, after the opinion in the other appeals had issued.