Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00665-CR
John Stewart MUELLER,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. 19-009
Honorable M. Rex Emerson, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 27, 2019
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a pro se notice of appeal on September 30, 2019, to appeal the trial court’s
denial of his motion to suppress evidence. Thereafter, the trial court clerk filed the clerk’s record.
The clerk’s record does not contain a final judgment of conviction. “With certain exceptions . . .,
this court has jurisdiction to consider an appeal filed by a criminal defendant only after a final
judgment of conviction.” Zamarripa v. State, No. 04-16-00274-CR, 2016 WL 3085932, at *1
(Tex. App.—San Antonio June 1, 2016, no pet.) (mem. op., not designated for publication) (citing
TEX. CODE CRIM. PROC. art. 44.02); accord McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—
04-19-00665-CR
Fort Worth 1996, no pet.) (“Generally, we only have jurisdiction to consider an appeal by a
criminal defendant where there has been a judgment of conviction.”). On October 22, 2019, this
court ordered appellant to show cause in writing why this appeal should not be dismissed for lack
of jurisdiction. Appellant did not respond to the order. Because there is no final judgment of
conviction and because appellant has not specified an exception to the general rule that we may
consider an appeal filed by a criminal defendant only after a final judgment of conviction, we
dismiss this appeal for lack of jurisdiction. See Workman v. State, 343 S.W.2d 446, 447 (Tex.
Crim. App. 1961) (dismissing appeal where the judgment in the record was not a judgment of
conviction); McKown, 915 S.W.2d at 161 (dismissing interlocutory appeal from an order denying
a defendant’s motion to suppress evidence for lack of jurisdiction).
PER CURIAM
DO NOT PUBLISH
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