Gerald Demarsh, Appellant v. The State of Texas, State (2016)

MEMORANDUM OPINION 1

Appellant Gerald DeMarsh seeks to appeal from a jury verdict in which he was found not guilty.  For the reasons stated below, we dismiss the appeal.

On December 17, 2015, Appellant filed a notice of appeal with this court.  On December 28, 2015, we sent Appellant a letter explaining that we had received the judgment entered in this case on November 17, 2015, indicating that he had been acquitted of all charges by a jury, which would deprive this court of any jurisdiction over an appeal by the Appellant.  Thus, we told appellant that if he did not file a response showing grounds for continuing the appeal, it could be dismissed.  See Tex.R.App. P. 43.2(f);  44.3.

Appellant filed a response on January 5, 2016, but it does not provide any grounds for continuing the appeal.  Because Appellant was acquitted, we lack any subject matter jurisdiction over this appeal.  See, e.g., Hilburn v. State, 946 S.W.2d 885, 886 (Tex.App.—Fort Worth 1997, no pet.) (“a record must contain a ‘judgment of conviction’ before there can be an appeal by a defendant”) (citing Workman v. State, 343 S.W.2d 446, 447 (Tex.Crim.App.1961));  Darnell v. State, 24 Tex. Ct.App. 6, 8, 5 S.W. 522, 523 (1887) (“It has been repeatedly and uniformly held in this state that an appeal can only be prosecuted from a final judgment of conviction rendered and entered against the defendant.”).  We therefore dismiss this appeal.  See Tex.R.App. P. 43.2(f).

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

BONNIE SUDDERTH, JUSTICE