Jose Luis Aguilar v. State

                            NUMBER 13-13-00534-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE LUIS AGUILAR,                                                       APPELLANT,

                                           v.

THE STATE OF TEXAS,                               APPELLEE.
____________________________________________________________

              On Appeal from the 36th District Court
                 of San Patricio County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
               Before Justices Rodriguez, Garza, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant, Jose Luis Aguilar, attempted to appeal this Court’s denial of his petition

for writ of mandamus. See generally In re Aguilar, No. 13-13-00467-CR, 2013 WL

4734773, at **1–3 (Tex. App.-Corpus Christi Sept. 3, 2013, orig. proceeding) (per curiam

mem. op.). On October 3, 2013, the Clerk of this Court notified appellant that it appeared
that the order from which the appeal was taken was not an appealable order and

requested correction of this defect within ten days or the appeal would be dismissed.

Appellant failed to respond to the Court’s directive.

       Generally, a state appellate court only has jurisdiction to consider an appeal by a

criminal defendant where there has been a final judgment of conviction. Workman v.

State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (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.

       The Court, having examined and fully considered the documents on file, is of the

opinion that it lacks jurisdiction over this attempted appeal. Accordingly, the appeal is

DISMISSED.

                                                              PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 16th
day of January, 2014.




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