Enrique Xavier Rodriguez, Jr. v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00776-CR

Enrique Xavier RODRIGUEZ, Jr.,
Appellant

v.

The STATE of Texas,
Appellee

From the 274th Judicial District Court, Guadalupe County, Texas
Trial Court No. 23-0295-CR-B
Honorable Gary L. Steel, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice

Delivered and Filed: February 11, 2026

DISMISSED FOR LACK OF JURISDICTION

Appellant Enrique Xavier Rodriguez, Jr. filed a notice of appeal on November 24, 2025,

purporting to appeal “from the mistrial without prejudice against [appellant].” Thereafter, the

clerk’s record was filed, but it does not contain a final judgment of conviction or an order on

appellant’s pretrial application for writ of habeas corpus alleging double jeopardy. The clerk’s

record also does not contain a certification of appellant’s right of appeal. See TEX. R. APP. P.

25.2(a)(2), (d).
04-25-00776-CR

Appeals by defendants in criminal cases “are permitted only when they are specifically

authorized by statute.” State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011).

The “standard to determine whether an appellate court has jurisdiction to hear and determine a

case ‘is not whether the appeal is precluded by law, but whether the appeal is authorized by law.’”

Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271

S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). We have jurisdiction to consider an appeal filed

by a criminal defendant after a final judgment of conviction. See Zamarripa v. State, No. 04-16-

00274-CR, 2016 WL 3085932, at *1 (Tex. App.—San Antonio June 1, 2016, no pet.) (mem. op.,

not designated for publication) (citing TEX. CODE CRIM. PROC. art. 44.02). We also have

jurisdiction to consider an appeal from the denial of a pretrial application for writ of habeas corpus

alleging double jeopardy. See Ex parte Contreras, 717 S.W.3d 27, 29 (Tex. App.—San Antonio

2025, no pet.); Mireles v. State, No. 08-18-00139-CR, 2018 WL 4214702, at *1 (Tex. App.—El

Paso Sept. 5, 2018, no pet.). Here, the clerk’s record does not include either a judgment of

conviction or an order denying appellant’s pretrial application for writ of habeas corpus.

Moreover, Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal

must be dismissed if a certification that shows the defendant has a right of appeal has not been

made part of the record under these rules.” TEX. R. APP. P. 25.2(d). Here, such a certification has

not been made part of the record.

On December 9, 2025, we alerted appellant to these jurisdictional matters and ordered him

to show cause in writing by December 29, 2025, why this appeal should not be dismissed for lack

of jurisdiction. Appellant did not respond. Accordingly, this appeal is dismissed for lack of

jurisdiction. See TEX. R. APP. P. 25.2(d); Blanton, 369 S.W.3d at 902; State ex rel. Lykos 330

S.W.3d at 915.

PER CURIAM
DO NOT PUBLISH
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