S. D. W. v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00543-CR

S. D. W., Appellant

v.

The State of Texas, Appellee

FROM THE 478TH DISTRICT COURT OF BELL COUNTY
NO. 24DCR89087, THE HONORABLE WADE NICHOLAS FAULKNER, JUDGE PRESIDING

MEMORANDUM OPINION

On July 21, 2025, S.D.W. filed a notice of appeal seeking to challenge her

conviction. However, there is no judgment of conviction or other appealable order in the clerk’s

record, and the trial court clerk has confirmed that the underlying criminal proceeding is still

active. On September 4, 2025, the clerk of this Court sent a letter requesting that the parties

explain how this Court has jurisdiction over the appeal. In her response, S.D.W. agreed that

there is “no judgment of conviction or other appealable order in the Clerk’s Record,” that the

“case is still active,” and that “no final judgment has been issued.” Accordingly, S.D.W. also

agreed that this Court has no jurisdiction over the appeal.

Article 44.02 of the Code of Criminal Procedure provides, “[a] defendant in any

criminal action has the right of appeal under the rules hereinafter prescribed.” Tex. Code Crim.

Proc. art. 44.02. “This statutory right of appeal has been interpreted as allowing appeal only
from a final judgment.” Ex parte Evans, 611 S.W.3d 86, 87 (Tex. App.—Waco 2020, no pet);

see State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) (noting that defendant’s

general right to appeal under Article 44.02 “has always been limited to appeal from a ‘final

judgment’”). “[C]ourts of appeals therefore do not have jurisdiction to review interlocutory

orders unless that jurisdiction has been otherwise expressly granted by law.” Ex parte Evans,

611 S.W.3d at 87; see Tex. R. App. P. 25.2(a)(2) (noting that defendants in criminal cases can

appeal “judgment of guilt or other appealable order”). Absent a judgment of conviction or an

appealable order, we lack jurisdiction to consider S.D.W.’s appeal. See Perez v. State, Nos. 03-

15-00412—00414-CR, 2015 WL 5118508, at *1 (Tex. App.—Austin Aug. 28, 2015, no pet.)

(mem. op., not designated for publication) (dismissing appeals for want of jurisdiction because

there were no judgments of conviction); see also Abbott v. State, 271 S.W.3d 694, 696-97 (Tex.

Crim. App. 2008) (“The standard for determining jurisdiction is not whether the appeal is

precluded by law, but whether the appeal is authorized by law.”).

Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.

P. 43.2(f).

__________________________________________
Karin Crump, Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Dismissed for Want of Jurisdiction

Filed: September 18, 2025

Do Not Publish

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