Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00240-CR
Lorenzo Alejandro HERRERA,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR3175W
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 26, 2017
DISMISSED FOR WANT OF JURISDICTION
Appellant filed a notice of appeal on April 3, 2017, stating he is appealing the denial of his
“Motion to Discover All Documentary Evidence in Compliance with the Michael Morton Act.”
In his notice of appeal, he specifies he is not appealing the underlying judgment of conviction
signed on April 30, 2012. However, the clerk’s record does not include an order either granting
or denying the Motion to Discover All Documentary Evidence in Compliance with the Michael
Morton Act, but rather reflects his motion is currently pending in the trial court.
04-17-00240-CR
In a criminal case, appeal is perfected by timely filing a notice of appeal. TEX. R. APP. P.
25.2(a).1. The notice of appeal must be in writing and must contain the necessary jurisdictional
allegations. Id. R. 25.2(b); State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000). Rule
25.2(b) of the Texas Rules of Appellate Procedure further provides that a notice of appeal is
sufficient if the notice shows the party's desire to appeal from a “judgment or other appealable
order.” R. 25.2(b). A notice of appeal which does not contain the necessary jurisdictional
allegations will not invoke the jurisdiction of the court of appeals. Riewe, 13 S.W.3d at 410.
Unless the jurisdiction of the appellate court is invoked, the appellate court has no jurisdiction over
the appeal and must dismiss the matter. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.
App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
Because appellant specifically stated he is not appealing the underlying judgment of
conviction and the record did not include an order either granting or denying his Motion to
Discover All Documentary Evidence in Compliance with the Michael Morton Act, it appeared we
lacked jurisdiction over this attempted appeal. We therefore ordered appellant to file in this court,
on or before July 5, 2017, a written response showing cause why this appeal should not be
dismissed for want of jurisdiction. We also advised appellant that if no satisfactory response was
filed within the time provided, we would dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(c).
Appellant filed a response, admitting this court lacked jurisdiction. Accordingly, we
dismiss this appeal for want of jurisdiction.
PER CURIAM
Do Not Publish
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