Leo Rey Bernal v. The State of Texas Appeal from 156th District Court of Live Oak County (memorandum opinion)
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NUMBERS 13-22-00556-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ LEO REY BERNAL, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 156th District Court of Live Oak County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Benavides Appellant filed a notice of appeal attempting to appeal a denial of a writ of habeas corpus in trial court case number LCV220113. We dismiss the appeal for want of jurisdiction. On December 1, 2022, the Clerk of the Court notified appellant that it appears that there is no final, appealable judgment. Appellant was further notified that if the defect was not corrected within thirty days from the date of the letter, the appeal would be subject to dismissal. Generally, a state appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a signed final judgment of conviction. Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.–Fort Worth 1996, no pet.). 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, 915 S.W.2d at 161; 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 signed order currently before the Court. Our review of the documents before the Court does not reveal an appealable order entered by the trial court within thirty days before the filing of appellant's notice of appeal. The Court, having examined and fully considered the notice of appeal, is of the opinion that there is not an appealable order, and this Court lacks jurisdiction over the matters herein. Accordingly, this appeal is dismissed for want of jurisdiction. GINA M. BENAVIDES Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 30th day of March, 2023. 2
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