Danny Royce Murphy v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2004
• Docket: 01-03-01280-CR
• Status: Published

Opinion

Opinion issued April 22, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-03-01277-CR

          01-03-01278-CR

          01-03-01279-CR

          01-03-01280-CR

DANNY ROYCE MURPHY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Court No. 1

Galveston County, Texas

Trial Court Cause Nos. 222964, 222967, 222970, and 222973

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MEMORANDUM OPINION

               Appellant Danny Royce Murphy was convicted in the City of Kemah municipal court of four misdemeanors: operating an unregistered vehicle, driving a motor vehicle without a valid driver’s license, operating a motor vehicle without displaying a valid certificate of inspection, and operating a motor vehicle without evidence of financial responsibility. Tex. Transp. Code Ann. §§ 502.402, 521.025, 601.008 (Vernon 1999), § 548.602 (Vernon Supp. 2004).

               Appellant appealed to county court and received a trial de novo because the City of Kemah municipal court is not a court of record. See Tex. Code Crim. Proc. Ann. art. 45.042(a), (b) (Vernon Pamph. 2004). The county court also found appellant guilty of all four charges. The court assessed punishment at a fine of $50 in each case. Appellant filed timely notices of appeal. We have no jurisdiction over the appeals.

               Unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based, we are without jurisdiction when the fine imposed in the lower court does not exceed $100. See Boyd v. State, 11 S.W.3d 324, 325 (Tex. App.—Houston [14th Dist.] 1999, no pet.); Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon Supp. 2004). Each of appellant’s fines was less than $100. We therefore examined the brief appellant filed in this Court. He raised no challenge to the constitutionality of a statute or ordinance. We therefore have no jurisdiction over the appeals.

               The appeals are dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).