Summary
The Thirteenth Court of Appeals of Texas dismissed Aaron Pantoja Gonzalez’s attempted appeal for lack of jurisdiction. The court determined that the record did not reveal a final, appealable order concerning his motion for forensic DNA testing.
Holdings
- A Texas appellate court generally has jurisdiction over a criminal defendant's appeal only when there is a final judgment of conviction, subject to recognized exceptions; because the record did not reveal an appealable order, the court lacked jurisdiction.
- The appeal must be dismissed for lack of jurisdiction when no appealable order is shown.
Questions Presented
- Whether the court of appeals had jurisdiction over an attempted criminal appeal when the record did not reveal a final, appealable order.
- Whether the appeal should be dismissed for lack of jurisdiction.
Disposition
dismissed
Cases Cited (4)
- Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961)(followed)
- McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.)(followed)
- Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997)(applied)
- Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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