Manuel Quiterio Garcia v. The State of Texas Appeal from 203rd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed; Opinion Filed August 18, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00585-CR MANUEL QUITERIO GARCIA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F15-75682-P MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Myers Manuel Quiterio Garcia filed a notice of appeal in the above case on June 2, 2017. On August 9, 2017, the clerk’s record was filed. Missing from the record is a judgment disposing of the above case. By letter dated August 17, 2017, the district clerk’s office informed the Court that appellant’s case is set for a hearing on September 1, 2017 but that no judgment has been entered. The following day, appellant filed a letter stating this case is “still pending in the trial court without disposition.” He concedes this appeal should be dismissed. Appeals 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) (orig. proceeding); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). The code of criminal procedure provides a defendant a right to general appeal that is limited to final judgments. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Because there is no final judgment in this case, we conclude we lack jurisdiction. We dismiss this appeal. /Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 170585F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MANUEL QUITERIO GARCIA, Appellant No. 05-17-00585-CR On Appeal from the 203rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-75682-P. Opinion delivered by Justice Myers, Justices Lang and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 18th day of August, 2017. –3–

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