Emilio Sauceda Ramos v. The State of Texas Appeal from 372nd District Court of Tarrant County (memorandum opinion per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00179-CR EMILIO SAUCEDA RAMOS APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1469249D ---------- MEMORANDUM OPINION1 ---------Emilio Sauceda Ramos attempts to appeal from a plea in bar, that is, his admission of an unadjudicated offense under penal code section 12.45. See Tex. Penal Code Ann. § 12.45 (West 2011).2 Generally, with exceptions inapplicable 1 2 See Tex. R. App. P. 47.4. Section 12.45 provides that during a sentencing hearing and with the State’s consent, a defendant may admit his guilt of an unadjudicated offense and request that the court take the offense into account in determining the sentence here, this court has jurisdiction to consider appeals by criminal defendants only after a final judgment of conviction. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). An order granting a plea in bar is not a judgment of conviction. See Hilburn v. State, 946 S.W.2d 885, 886 (Tex. App.—Fort Worth 1997, no pet.); see also Bradley v. State, Nos. 02-14-00218CR, 02-14-00219-CR, 02-14-00220-CR, 2014 WL 3029220, at *1 (Tex. App.— Fort Worth July 3, 2014, no pet.) (mem. op., not designated for publication). On June 14, 2017, we notified Ramos of our concern that we lack jurisdiction over this appeal and stated that the appeal could be dismissed unless he or any party desiring to continue the appeal filed a response on or before June 26, 2017, showing grounds for continuing the appeal. See Tex. R. App. P. 43.2(f). We have not received a response. We dismiss this appeal for want of jurisdiction.3 See id.; Hilburn, 946 S.W.2d at 886 (holding that appellate court lacks jurisdiction over appeal from judgment granting a plea in bar under section 12.45). for the offense of which he has been adjudged guilty. Tex. Penal Code Ann. § 12.45(a). If the trial court lawfully takes into account an admitted offense under section 12.45, prosecution for that offense is barred. Id. § 12.45(c). 3 Ramos’s appeals in cause numbers 02-17-00163-CR and 02-17-00164CR remain pending in this court. 2 PER CURIAM PANEL: KERR, J.; LIVINGSTON, C.J.; and PITTMAN, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 10, 2017 3
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