Loyd Landon Sorrow, Appellant v. The State of Texas, Appellee (2016)

MEMORANDUM OPINION

This court affirmed appellant's conviction for aggravated sexual assault of a child in 2003.  Sorrow v. State, No. 14–02–01042–CR;  2003 WL 22012828 (Tex.App.—Houston [14th Dist.] Aug. 26, 2003, pet. ref d).  More than twelve years later, on August 17, 2015, appellant filed a notice of appeal, attempting to appeal from the trial court's purported denial of a motion for new trial appellant filed on July 6, 2015.

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction.  Workman v. State, 170 Tex.Crim. 621, 343 S.W.2d 446, 447 (1961);  McKown v. State, 915 S.W.2d 160, 161 (Tex.App.—Fort Worth 1996, no pet.).

Appellant was convicted on September 6, 2002;  his motion for new trial was filed July 6, 2015.  The denial of an untimely filed motion for new trial is not a separately appealable order.¹  Because this appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

Accordingly, the appeal is ordered dismissed.

FOOTNOTES

1.   In its letter of assignment the district clerk's office noted that the motion was not denied.

PER CURIAM