Danny R. Alejandro v. State

Opinion

Dismissed and Memorandum Opinion filed November 6, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00871-CR

DANNY R. ALEJANDRO, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court Harris County, Texas Trial Court Cause No. 1003546

MEMORANDUM OPINION

This is an attempted appeal of a ruling denying appellant’s motion for leave to file a petition for writ of mandamus.

Generally, a criminal defendant may appeal only from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review interlocutory orders in a criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see also Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014).

The denial of a motion for leave to file a petition for writ of mandamus is not a separately appealable order. Because this appeal does not fall within any exception to the general rule that an appeal may be taken only from a final judgment of conviction, we lack jurisdiction.

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).