CourtListener 10297662•Marvin Gabriel Holmes v. the State of Texas
Full text
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-24-00388-CR
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MARVIN GABRIEL HOLMES, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. F22-39923
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MEMORANDUM OPINION
Acting pro se, Marvin Gabriel Holmes filed a notice of appeal that omits any
reference to a conviction or an appealable order. The Clerk of the Court issued a
notice to the parties that our jurisdiction was not apparent from the notice of appeal
and warned that the appeal would be dismissed for lack of jurisdiction unless this
Court received a response showing grounds for continuing the appeal. Holmes filed
a response. He complains that the trial court has repeatedly reset his trial date.
1
Generally, an appeal may be taken by a defendant in a criminal case only after
a final conviction. See Tex. R. App. P. 26.2(a) (establishing time for appeal by a
defendant after a sentence is imposed in open court or the trial court signs an
appealable order). In criminal cases, the courts of appeals have jurisdiction only of
those appeals authorized by a statute. See Tex. Code Crim. Proc. Ann. art. 44.02;
Abbott v. State, 271 S.W.3d 694, 697 n.8 (Tex. Crim. App. 2008) (A defendant’s
general right to appeal under Article 44.02 has always been limited to appeal from a
final judgment of conviction.). A court of appeals lacks appellate jurisdiction to
review an order before final judgment unless an interlocutory appeal is expressly
provided by statute. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
Neither of the parties have shown that the trial court has imposed sentence in open
court or signed an order that may be appealed at this time. See Tex. R. App. P.
26.2(a). Accordingly, we dismiss the appeal for lack of jurisdiction. See id. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on December 17, 2024
Opinion Delivered December 18, 2024
Do Not Publish
Before Johnson, Wright and Chambers, JJ.
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