Apolinar Rivera, Jr. v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00473-CR

Apolinar RIVERA, Jr.,
Appellant

v.

The STATE of Texas,
Appellee

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CR-10463B
Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice

Delivered and Filed: November 19, 2025

DISMISSED FOR LACK OF JURISDICTION

On July 15, 2025, appellant filed a pro se notice of appeal stating that he intended to appeal

from his conviction and that he was sentenced on June 25, 2025. The clerk’s record reflects that

appellant was charged with aggravated robbery and that pursuant to a written plea-bargain

agreement signed on June 25, 2025, the underlying aggravated robbery charge was dismissed in

consideration for appellant’s plea of nolo contendere in a separate cause, Cause No. 2022-CR-
04-25-00473-CR

10462A. Thus, the underlying criminal action was dismissed, and there is no final judgment of

conviction.

We generally do not have jurisdiction to consider an appeal in a criminal case unless a

judgment of conviction has been rendered. See McKown v. State, 915 S.W.2d 160, 161 (Tex.

App.—Fort Worth 1996, no pet.). In a response to our written order, appellant’s court-appointed

attorney concedes that we must dismiss this appeal for lack of jurisdiction. Therefore, this appeal

is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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