## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

___________________________ No. 02

- 23

- 00264

- CR

_______ ____ _ _______________

On Appeal from County Criminal Court No. 1

Tarrant County, Texas Trial Court N o. 1778480
Before Womack, Wallach, and Walker, JJ. M emorandum Opinion by Justice Womack 

### G LADYS 

### M ARIA 

### G RAHAM



### - O’D ELL 

### , Appellant

V


### . T HE 

### S TATE OF 

### T EXAS2 MEMORANDUM OPINION Appe llant Gladys Maria Graham

- O ’ De l l (Graham) attem pts to a ppeal a n order granting her plea in bar under Texas Penal Code Section 12 .4 5

. 1 S ee Tex. Penal Code Ann. § 12.4 5 (author izing a person

— with the consent of the attorney for th e State

— to admi t during the se n tencing hearing her guilt of one or more adjudicat ed offenses and request the court to take each o ffense into account in determining senten ce of the
offe n se or offenses of which she stands adjudged guilty , which in turn, bars the prosecution of the admitt e d offenses if the c ourt lawfully takes them into account)

. Generally, with exceptions inapplicable here, this court has ju risdiction to co nsider appeals by criminal defendants only after a fin al judgment of conviction. See McKown
v. S t ate , 915 S.W.2d 16 0 , 161 (Tex. App.

— Fort Worth 1996, no pet.) (per curiam). An order granting a p lea in bar is not a final ju dgment of conviction. Courtney v. State , No. 02

- 22

- 00161

- CR, 2022 WL 17494604, at *1 (Tex. App.

— Fort Worth Dec. 8,
20 22, no pet.) (per curiam ) ( mem . op., not designated for publication ) ; Hillbur n v. State , 946 S.W.2d 885, 886 (Tex. App.

— Fort Worth 1997, no pet.).

1 In her notice of a ppeal, Appellant refers to herself as “ Gladys Maria Gr aham

O ’ Dell. ” The defendant listed in t he underlying order granting her plea in bar , however, is listed as “ Glady Maria Graham. ” We will simply refer to Appellant as

“ Graham. ” Further, Graham ’ s notic e of appeal references trial court cause n u mber 1778480, a case involving Graham occurring in County Criminal Court No. 1 of Tarran t County. We note, however, that the order granting her plea in bar appears to have been signed by the presiding judge of th e 396th District C ourt of Tarrant County to bar f urther prosecution of Graham in trial court cause number 1778480

. For the reasons explai ned in this opinion , we lack jurisdiction over this appeal regardless of whether it flow s from County Criminal Cour t N o . 1 o r the 396th District C ourt
.3

On October 6, 2023 , w e notified Graham of our concern that we lack jurisdiction over this appeal, and we warn ed h er tha t we would di smiss t h e appeal
unl ess we received a response by October 16, 2023 , showing grounds for continuing the appeal

. S ee Tex. R. A pp. P. 44.3. Gr aham d id not fi le a response. Thus, we
dismiss Graham ’ s appeal for lack of jurisdiction. See Tex. R. A pp. P. 43.2(f); Courtney , 2022 WL 17494604 , at *1 (dismissing appeal from an order grant ing a plea in bar f or lack of juri sdiction); Ramos v. State , No. 02

- 17

- 00179

- CR, 2017 WL 3428861, at *1 (Tex. App.

— Fort Worth Aug. 10, 20 17, no pet.) (per curiam) (mem

. op., not designated for publication) (same). /s/ Dana Womack
Dana Womack J u stice
Do Not Publish Tex. R. App. P. 47.2(b)
Delivered : November 2, 2023