Opinion
No. 04-16-00048-CR
03-16-2016
Billy Minh TRAN, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR1999
Honorable Lorina I. Rummel, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR WANT OF JURISDICTION
Billy Minh Tran filed a notice of appeal seeking to challenge his convictions in three district court causes. However, there is no judgment of conviction in the underlying cause (i.e., trial court no. 2013CR1999), only a judgment of dismissal.
In appeal nos. 04-16-00049-CR and 04-16-00050-CR, Tran challenges his convictions in trial court nos. 2015-CR-12246W and 2015-CR-12247W, respectively. --------
With certain exceptions not implicated here, this court has jurisdiction to consider an appeal filed by a criminal defendant only after a final judgment of conviction. See TEX. CODE CRIM. PROC. art. 44.02 (West 2006) (providing that criminal defendant may appeal conviction); State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) (noting that defendant's general right to appeal under Article 44.02 "has always been limited to appeal from a 'final judgment'"); Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961) (holding that court's judgment discharging criminal defendant from liability was not appealable judgment). Absent a judgment of conviction, we lack jurisdiction to consider Tran's appeal. See Ballard v. State, Nos. 01-08-00947-CR, 01-08-00948-CR, 2009 WL 3248197, at *1 (Tex. App.—Houston [1st Dist.] Oct. 8, 2009, no pet.) (mem. op., not designated for publication) (dismissing one appeal for want of jurisdiction because underlying cause was dismissed and had no judgment of conviction against appellant).
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f).
PER CURIAM DO NOT PUBLISH