John Gustavo Gomez v. The State of Texas Appeal from 361st District Court of Brazos County (memorandum opinion)
Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-15-00338-CR JOHN GUSTAVO GOMEZ, Appellant v. THE STATE OF TEXAS, Appellee From the 361st District Court Brazos County, Texas Trial Court No. 15-001557-CV-361 MEMORANDUM OPINION Appellant John Gustavo Gomez appeals the trial court’s denial of his Motion to Set Aside Conviction and Dismiss Charges. Gomez was sentenced to two years’ community supervision on June 27, 1995 in Cause No. 23,503-361. On June 5, 1997, the trial court signed an order discharging Gomez from community supervision. On June 23, 2015, Gomez filed his motion to set aside his conviction.1 The motion was denied by the trial court after a finding that it lacked jurisdiction. The right of appeal in criminal cases is conferred by the Legislature, and a defendant may appeal only from judgments of conviction or interlocutory orders authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02; TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (“’[T]he standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law.’”) (quoting Abbott v. State, 271 S.W.3d 694, 69697 (Tex. Crim. App. 2008)). There is no statutory authority for a defendant to appeal an order granting or denying a motion for “judicial clemency.” See Raley v. State, 441 S.W.3d 647, 651 (Tex. App.—Houston [1st Dist.] 2014, pet. ref’d) (no statutory right to appeal order granting or denying judicial clemency); see also Dewalt v. State, 417 S.W.3d 678, 685 n.34 (Tex. App.—Austin 2013, pet. ref’d); Cooksey v. State, No. 05-12-00301-CR, 2013 WL 1934943, at *2 (Tex. App.—Dallas May 10, 2013, no pet.) (mem. op., not designated for publication). Because Gomez is not appealing from a judgment of conviction or an otherwise appealable order, we have no jurisdiction. See Ragston, 424 S.W.3d at 52; see also Abbott, 271 S.W.3d at 696-97. Accordingly, this appeal is dismissed. REX D. DAVIS Justice 1 Although Gomez filed his motion under the cause number of his criminal conviction, No. 23,503-361, the Brazos County Clerk assigned a new civil number to the motion—15-001557-CV-361. Gomez v. State Page 2 Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 2, 2018 Do not publish [CR25] Gomez v. State Page 3
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.
