Stacy Smith v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed two criminal appeals brought by Stacy Smith for lack of jurisdiction. One appeal was dismissed because the trial court certified that Smith waived the right to appeal, and the other was dismissed because there was no final, appealable judgment after the case was consolidated with another cause.

Holdings

1. An appeal must be dismissed for lack of jurisdiction when the trial court's certification does not show that the defendant has a right of appeal, including when the certification states that the defendant waived that right.
2. The court of appeals lacks jurisdiction over a criminal appeal when the underlying cause contains no final, appealable judgment, including when the cause was not charged because it was consolidated with another cause.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal when the trial court's certification stated that the defendant waived the right of appeal.
2. Whether the court of appeals had jurisdiction over an appeal when there was no final, appealable judgment because the underlying cause had not been charged and had been consolidated with another cause.

Disposition

dismissed