Kemone Duane Rodgers v. The State of Texas Appeal from County Criminal Court No. 8 of Dallas County (memorandum opinion)

 Annotate this Case
Download PDF
Dismissed; Opinion Filed October 10, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01222-CR KEMONE DUANE RODGERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court No. 8 Dallas County, Texas Trial Court Cause No. MA16-18372-J MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Schenck Opinion by Justice Schenck On October 2, 2019, Kemone Duane Rodgers filed his pro se notice of appeal seeking to appeal the trial court’s “oral denial of the “DEFENDANT’S AMENDED MOTION TO SET ASIDE COMPLAINT.” We conclude we lack jurisdiction over this appeal. A pretrial motion, such as appellant’s amended motion to set aside the information and complaint, may not be appealed until there is a final judgment. See Ex parte Smith, 178 S.W.3d 797, 801 (Tex. Crim. App. 2005); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Therefore, any issues appellant may have with the complaint are not ripe for review. See Smith, 178 S.W.3d at 801; Apolinar, 820 S.W.2d at 794. If, however, he is convicted, appellant may challenge the information and complaint on direct appeal. We dismiss this appeal for want of jurisdiction. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 191222F.U05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEMONE DUANE RODGERS, Appellant No. 05-19-01222-CR V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court No. 8, Dallas County, Texas Trial Court Cause No. MA16-18372-J. Opinion delivered by Justice Schenck, Chief Justice Burns and Justice Whitehill participating. Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 10th day of October, 2019.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.