Marvin Gabriel Holmes v. the State of Texas

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.

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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Do Not Publish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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