NUMBER 13-11-00090-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JORGE ALBERTO MARTINEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On Appeal from the 347th District Court
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Memorandum Opinion Per Curiam
Appellant, Jorge Alberto Martinez, pro se, filed a notice of appeal on February 10,
2011, from a criminal case currently pending against him in the 347th District Court of
Nueces County, Texas. We dismiss the appeal.
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
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 motions
filed by appellant, is of the opinion that there is not an appealable order and this Court
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lacks jurisdiction over the matters herein. Accordingly, this appeal is DISMISSED for
lack of jurisdiction. All pending motions are DISMISSED as moot.
PER CURIAM
Do not publish. See TEX. R. APP. P. 47.2(b).
Delivered and filed
the 10th day of March, 2011.
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