Date: 09-28-2022

Case Style:

Kevin Debnam v. The State of Texas

Case Number: 04-21-00297-CR

Judge: PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Court:

Fourth Court of Appeals San Antonio, Texas

On appeal from the 187th Judicial District Court of Bexar County

Plaintiff's Attorney: Joe D. Gonzales

Defendant's Attorney:

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Description:

San Antonio, Texas – Criminal Defense lawyer represented defendant with a aggravated assault with a deadly weapon charge.

The clerk’s record and a supplemental clerk’s record
were filed on July 26, 2021 and August 19, 2021, respectively. Neither record contained a final
judgment. The deputy clerk of this court contacted the trial court clerk and determined that
appellant had not yet been sentenced and the sentencing hearing was set for September 13, 2021.
Appellant’s notice of appeal was therefore filed prematurely. See TEX. R. APP. P. 27.1(b) (a
prematurely filed notice of appeal in a criminal case is effective and deemed filed on the date
sentence is imposed or suspended in open court). After September 13, 2021, the deputy clerk of
this court followed up with the trial court clerk and was informed the sentencing hearing was
postponed and a reset date was pending. Upon subsequent inquiries, the deputy clerk determined
that appellant’s sentencing hearing had not been rescheduled. Absent a final judgment or other
appealable order, this court has no jurisdiction over this appeal. TEX. R. APP. P. 25.2(a)(2); TEX.
CODE CRIM. PROC. ANN. art. 44.02. We therefore issued an order on November 23, 2021
instructing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.
Appellant did not respond.

Outcome: Accordingly, this appeal is dismissed for lack of jurisdiction without prejudice to appellant filing a new notice of appeal after a final judgment is entered in this case.

Plaintiff's Experts:

Defendant's Experts:

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