CourtListener 10651137•David Lee Guzman v. the State of Texas
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NUMBER 13-25-00259-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
DAVID LEE GUZMAN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 36TH DISTRICT COURT
OF SAN PATRICIO COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and Cron
Memorandum Opinion by Justice Peña
The cause is before the Court on its own motion and appellant’s motion to dismiss.
On May 9, 2025, appellant filed a notice of appeal attempting to appeal an Order entered
in trial court case number S-20-3100-CR. The trial court’s certification of the defendant’s
right of appeal provides that this “is not a plea-bargain case, and the defendant has the
limited right of appeal.” On May 12, 2025, the Clerk of the Court notified appellant that it
appears the order he was attempting to appeal is not appealable. On May 23, 2025, the
Clerk of the Court again notified appellant of the defective notice of appeal; appellant was
further notified that if the defect was not cured within thirty days from the date of the notice
the appeal may be dismissed. On July 21, 2025, appellant’s counsel filed a motion to
dismiss which did not comply with the requirement that such a motion be signed by both
counsel and appellant. See TEX. R. APP. P. 42.2(a).
In a criminal appeal, “[t]he standard for determining jurisdiction is not whether the
appeal is precluded by law, but whether the appeal is authorized by law.” Abbott v. State,
271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008); see State ex rel. Lykos v. Fine, 330
S.W.3d 904, 915 (Tex. Crim. App. 2011) (orig. proceeding). Thus, an appellate court has
jurisdiction only from a final judgment of conviction, an appealable order, or when
expressly granted by law. See Abbott, 271 S.W.3d at 696–97; see generally TEX. CODE
CRIM. PROC. ANN. art. 44.02; TEX. R. APP. P. 25.2(a)(2).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 v. State, 915 S.W.2d 160, 161 (Tex.
App.—Fort Worth 1996, no pet.); 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. There is no appealable order currently before the Court; therefore,
we lack jurisdiction over the matter.
The Court, having examined and fully considered the notice of appeal, motion to
dismiss and the documents on file, is of the opinion that we lack jurisdiction over the
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appeal. See Abbott, 271 S.W.3d at 696–97. Accordingly, we dismiss this appeal for lack
of jurisdiction.
L. ARON PEÑA JR.
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
7th day of August, 2025.
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