NUMBER 13-18-00071-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ORLANDO CAMPOS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 156th District Court
of Bee County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, Orlando Campos, proceeding pro se, filed a notice of appeal on January
31, 2018. Appellant sought to appeal a ruling issued on December 17, 2017, denying
appellant’s motion to receive transcripts from a suppression hearing. 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 does not reveal any appealable
orders entered by the trial court within thirty days before the filing of appellant’s notice of
appeal. Moreover, it appears the trial court granted the State’s motion to dismiss the
cause on October 6, 2016 on grounds that the case was reindicted.
The Court, having examined and fully considered the notice of appeal, 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. All
pending motions are DISMISSED as moot.
2
LETICIA HINOJOSA
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
8th day of March, 2018.
3
Orlando Campos v. State
Combined Opinion