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Artemio Franco Salinas v. State

Citation: Not availableDocket: 14-19-00895-CR

Court: Court of Appeals of Texas; February 24, 2020; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal filed by Artemio Franco Salinas against the State of Texas has been dismissed due to lack of jurisdiction. Salinas was previously convicted of indecency with a child, but the trial court later set aside this conviction. Under Texas law, appeals in criminal cases require a final judgment of conviction, which is absent in this case. The parties were notified on January 17, 2020, that the appeal would be dismissed unless jurisdiction could be established, but no response was received. Consequently, the court dismissed the appeal. The opinion was filed on February 25, 2020, by a panel consisting of Chief Justice Frost and Justices Jewell and Spain, with a note that it should not be published.

Legal Issues Addressed

Jurisdiction in Criminal Appeals

Application: The court dismissed the appeal due to the absence of a final judgment of conviction, which is a prerequisite for jurisdiction in criminal appeals under Texas law.

Reasoning: Under Texas law, appeals in criminal cases require a final judgment of conviction, which is absent in this case.

Notification Requirement for Jurisdiction

Application: The court provided notice to the parties that the appeal would be dismissed unless jurisdiction could be established, which did not occur, leading to the dismissal of the appeal.

Reasoning: The parties were notified on January 17, 2020, that the appeal would be dismissed unless jurisdiction could be established, but no response was received.