Derrick Jerome Chambliss v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2013
• Docket: 10-13-00002-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-13-00002-CR

DERRICK JEROME CHAMBLISS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2012-690-C2

MEMORANDUM OPINION

Appellant Derrick Jerome Chambliss filed a pro se notice of appeal in the

underlying criminal action complaining of the trial court’s written orders denying his

motion for speedy trial, his motion for discovery of grand jury testimony, his motion to

quash indictment, or, in the alternative, motion to strike enhancement portion of

indictment, and his attorney’s motion to withdraw.

We do not have jurisdiction of an interlocutory appeal of the denial of a motion

for speedy trial, motion for discovery of grand jury testimony, motion to quash indictment, or, in the alternative, motion to strike enhancement portion of indictment,

or motion to withdraw. See Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App.

2008) (standard for determining jurisdiction is not whether appeal is precluded by law,

but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex.

App.—Waco 2002, no pet.) (stating that court has jurisdiction over criminal appeals

only when expressly granted by law). No law authorizes the interlocutory appeal of a

denial of any of these motions.

We dismiss this appeal for want of jurisdiction.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed February 28, 2013 Do not publish [CR25]

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