NUMBER 13-11-00556-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CHRISTOPHER RIGGINS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 130th District Court
of Matagorda County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Christopher Riggins, filed a notice of appeal on August 24, 2011, from a
criminal case currently pending against him in the 130th District Court of Matagorda
County, Texas. We dismiss the appeal.
On August 29, 2011, the Clerk of this Court notified appellant that it appeared that
there was no final appealable order and 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 has not filed 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). A notice of appeal which
complies with the requirements of Rule 26 is essential to vest the court of appeals with
jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal
is not timely perfected, a court of appeals does not obtain jurisdiction to address the
merits of the appeal. Id. Under those circumstances it can take no action other than to
dismiss the appeal. Id.
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 shows that appellant’s case is still
pending in the trial court and it does not reveal any appealable orders entered by the trial
court within thirty days before the filing of appellant's notice of appeal. Moreover, the
notice of appeal cannot be construed as premature because it was filed before the trial
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court has made a finding of guilt or has received a jury verdict. See TEX. R. APP. P.
27.1(b).
The Court, having examined and fully considered the notice of appeal and clerk’s
record, is of the opinion that there is not an appealable order and this Court lacks
jurisdiction over the matters herein. Accordingly, this appeal is DISMISSED for lack of
jurisdiction.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
26th day of January, 2012.
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