Bretz v. State

508 S.W.2d 97, 1974 Tex. Crim. App. LEXIS 1654

• Court: Court of Criminal Appeals of Texas
• Decided: April 17, 1974
• Docket: 48340
• Status: Published

Opinions

OPINION

DOUGLAS, Judge.

This is a purported appeal from an order of the trial court denying an application for restoration of certain property. On February 21, 1973, the applicant was tried and acquitted for the offense of “receiving and concealing” stolen property. At the conclusion of the trial, the court ordered that the property in question, nine saddles and various bridles and saddle pads, be returned to the complaining witness.

Article S, Section 5, of the Texas Constitution, Vernon’s Ann.St., provides for the jurisdiction of this Court as follows:

“The Court of Criminal Appeals shall have appellate jurisdiction co-extensive with the limits of the State in all criminal cases of whatever grade, with such exceptions and under such regulations as may be prescribed by law.”

Appellate civil jurisdiction is in the Courts of Civil Appeals and the Supreme Court of Texas.

The appellant was acquitted and there is nothing in the criminal case for him to appeal.

Article 47.02, Vernon’s Ann.C.C.P., provides that “upon the trial of any criminal action for theft, or any other illegal acquisition of property which is by law a penal offense, the court trying the case shall order the property to be restored to the person appearing by the proof to be the owner of the same.”

The appeal from an order under this statute does not lie in this Court.¹

The appeal is dismissed.

1 . The Court of Criminal Appeals may not issue writs or other orders except to enforce its own jurisdiction. Smith v. Blackwell, 500 S.W.2d 97, and Bradley v. Miller, 458 S.W.2d 673.