Daverne Foy v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 3, 2023
• Docket: 03-23-00040-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00040-CR

Daverne Foy, Appellant

v.

The State of Texas, Appellee

FROM THE 390TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-19-301573, THE HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Daverne Foy, who has not been finally sentenced, seeks to appeal the

trial court’s order granting the State’s pretrial motion for continuance.

The standard for determining whether a Texas appellate court has jurisdiction in a

criminal case “is not whether the appeal is precluded by law, but whether the appeal is

authorized by law.” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2008). Because

this standard extends to interlocutory appeals, “courts of appeals do not have jurisdiction to

review interlocutory orders in criminal cases unless that jurisdiction has been expressly granted

by law.” Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). No such grant exists for

an appeal of an order granting a motion for continuance. See Parker v. State, No. 01-16-00137-

CR, 2016 Tex. App. LEXIS 11056, at *1 (Tex. App.—Houston [1st Dist.] Oct. 11, 2016, no pet.)

(mem. op.) (dismissing for want of jurisdiction defendant’s appeal from trial court’s grant of State’s motion for continuance). Accordingly, we dismiss this appeal for want of jurisdiction.

See Tex. R. App. P. 43.2(f).

__________________________________________ Chari L. Kelly, Justice

Before Justices Baker, Kelly, and Smith

Dismissed for Want of Jurisdiction

Filed: March 3, 2023

Do Not Publish