Unreported / Non-Citable
Background
Jeffrey R. Richardson filed a pro se “Notice of Appeal from Negotiated Plea” on July 7, 2026, seeking review in the Texas Fourth Court of Appeals.
After the trial court clerk submitted the clerk’s record, the appellate court found that the record contained no final judgment of conviction. The court ordered Richardson to explain why the appeal should not be dismissed, but he filed no response.
The Court’s Holding
The court dismissed Richardson’s appeal for want of jurisdiction. It explained that, subject to certain exceptions, a Texas appellate court may consider a criminal defendant’s appeal only after entry of a final judgment of conviction.
Because the clerk’s record contained no final judgment and Richardson did not identify any basis for appellate jurisdiction in response to the show-cause order, the court concluded that it lacked jurisdiction over the appeal.
Key Takeaways
- A criminal defendant generally may appeal only after the trial court enters a final judgment of conviction.
- A notice of appeal does not independently create appellate jurisdiction when the record contains no appealable final judgment.
- Failure to respond to an appellate court’s jurisdictional show-cause order leaves an asserted basis for jurisdiction unexplained.
Why It Matters
The decision underscores that appellate jurisdiction depends on an appealable trial-court ruling, not merely the filing of a notice of appeal. Criminal practitioners should confirm that a final judgment or a recognized exception authorizing an interlocutory appeal exists before seeking appellate review.