NUMBER 13-21-00228-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
DAVID GREG GONZALES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 197th District Court
of Willacy County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Tijerina
Memorandum Opinion by Justice Tijerina
Upon review of the documents before the Court, it appears there is no final
appealable order. On July 27, 2021, the clerk of the court notified appellant of this defect
and provided ten days to correct. Appellant has neither corrected the defect nor
responded to the court’s notice.
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, 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.
JAIME TIJERINA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
16th day of September, 2021.
2