NUMBER 13-13-00684-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
NELSON GARCIA DELGADO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 332nd District Court
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam
Appellant, Nelson Garcia Delgado, pro se, filed a notice of appeal on November
25, 2013, from the “October 16th [O]rder Denying his Pro Se Motion Seeking the
Appointment of Counsel To Present Arguments of An Ineffective Assistance of Trial
Counsel Claim In An Article 11.07 Writ of Habeas Corpus Proceeding.” On December
11, 2013, appellant filed an additional pleading regarding this attempting notice of appeal.
We dismiss the appeal.
On December 17, 2013, the Clerk of this Court notified appellant that it appeared
that the order at issue was not appealable. Appellant was advised that the appeal would
be dismissed if the defect was not corrected within ten days from the date of receipt of
the Court’s directive. Appellant did not file a response to the Court’s directive.
A defendant's notice of appeal must be filed within thirty days after the trial court
enters an appealable order. See TEX. R. APP. P. 26.2(a)(1). Generally, a state 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.—Fort Worth 1996,
no pet.). Exceptions to the general rule include: (1) certain appeals while on deferred
adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App.
1997); (2) appeals from the denial of a motion to reduce bond, TEX. R. APP. P. 31.1;
McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus
relief, Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.); McKown,
915 S.W.2d at 161.
Our review of the documents before the Court does not reveal any appealable
orders entered by the trial court within thirty days before the filing of appellant's notice of
appeal. The Court, having examined and fully considered the notice of appeal and
pleadings filed by appellant, is of the opinion that there is not an appealable order and
this Court lacks jurisdiction over the matters herein. Accordingly, this appeal is
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DISMISSED for lack of jurisdiction. All pending motions, if any, are likewise
DISMISSED.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
20th day of February, 2014.
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