Marshall Cody Gagnon v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00610-CR

Marshall Cody GAGNON,
Appellant

v.

The STATE of Texas,
Appellee

From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-005676
Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice

Delivered and Filed: December 31, 2025

DISMISSED FOR LACK OF JURISDICTION

On September 16, 2025, appellant filed a pro se notice of appeal stating that he intended to

appeal from his conviction and that he was sentenced on August 19, 2025. The clerk’s record

reflects that appellant was charged with tampering with or fabricating physical evidence, but the

State filed a motion to dismiss the criminal action, indicating that appellant was convicted or

granted deferred adjudication in another case. The trial court dismissed the underlying criminal

action on August 19, 2025. Thus, there is no final judgment of conviction.
04-25-00610-CR

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DO NOT PUBLISH

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