Gonzales, Pablo Hernandez v. The State of Texas--Appeal from 174th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-02-00074-CR

Case Date: 11/27/2002

Plaintiff: Gonzales, Pablo Hernandez

Defendant: The State of Texas--Appeal from 174th District Court of Harris County

Preview:Johnson, Tremaine Ikki v. The State of Texas--Appeal from Co Crim Ct at Law No 13 of Harris County
Opinion issued May 2, 2002

In The Court of Appeals For The First District of Texas ____________

NO. 01-02-00304-CR ____________

TREMAINE IKKI JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 13 Harris County, Texas Trial Court Cause No. 1085892

OPINION

According to the clerk's record filed in this appeal, appellant was charged by information with assault on a family member in cause number 1085892. On February 13, 2002, the case was set for jury trial. However, on that date the State filed a motion to dismiss cause number 1085892 because it had been refiled as cause number 1100346. The trial judge granted the motion to dismiss on that same date. Appellant filed a pro se notice of appeal in cause number

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1085892 on February 19, 2002. The record does not include a final judgment of conviction. Generally, we only have jurisdiction to consider an appeal by a criminal defendant where there has been a judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). We do not have jurisdiction unless that jurisdiction has been expressly granted to us by law. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.--Fort Worth 1996, no pet.). We have found no statute that vests this Court with jurisdiction over a direct appeal from a trial court's order granting the State's pretrial motion to dismiss an indictment or information. Therefore, we dismiss this appeal for lack of jurisdiction. PER CURIAM Panel consists of Chief Justice Schneider, and Justices Taft and Radack. Do not publish. Tex. R. App. P. 47.

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