Victor Jewell Black v. The State of Texas Appeal from Criminal District Court No. 7 of Dallas County (memorandum opinion)
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Dismiss and Opinion Filed November 18, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00953-CR VICTOR JEWELL BLACK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F09-62734-Y MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Evans Opinion by Justice Pedersen, III Victor Jewell Black is attempting to appeal the trial court’s order denying his October 21, 2020 “Motion for Release of Forensic’s Report of State’s Exhibit -14 – Knife.” Generally, this Court has jurisdiction to consider appeals by criminal defendants only after a judgment of conviction. Gutierrez v. State, 307 S.W.3d 318, 321 (Tex. Crim. App. 2010); see Wright v. State, 969 S.W.2d 588, 589 (Tex. App.— Dallas 1998, no pet.) (appellate courts may consider appeals by criminal defendants only after conviction or entry of appealable order); Rabbani v. State, 494 S.W.3d 778, 780 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (same). There are a few very limited exceptions to this general rule. See Wright, 969 S.W.2d at 589. In the absence of an appealable judgment or order, we are without jurisdiction to hear an appeal. Black had the right to appeal the November 22, 2010 written judgment of conviction, and he exercised that right. See Black v. State, No. 05-10-01558-CR, 2012 WL 26501, at *2 (Tex. App.—Dallas, Jan. 25, 2012, pet. ref’d) (mem. op., not designated for publication). The trial court’s order denying Black’s request for a copy of a report that was neither offered nor admitted as evidence at trial is not an order from which the Texas Legislature has authorized an appeal. Under these circumstances, we have no other option than to dismiss this appeal for want of jurisdiction. 200953f.u05 Do Not Publish TEX. R. APP. P. 47.2(b) /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT VICTOR JEWELL BLACK, Appellant No. 05-20-00953-CR On Appeal from the Criminal District Court No. 7, Dallas County, Texas Trial Court Cause No. F09-62734-Y. Opinion delivered by Justice Pedersen, III. Justices PartidaKipness and Evans participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 18th day of November, 2020. –3–
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