Donald Walton v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-19-00220-CR

DONALD WALTON, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 52nd District Court Coryell County, Texas

Trial Court No. 15-23055

MEMORANDUM OPINION

Donald Walton appeals from the trial court’s denial of his “Motion to Perform Discretionary Administrative Procedure under § 1.1 ‘The Law of Restitution’” and his subsequent “Motion for Hearing.” Both motions were denied in the same order signed by the trial court on June 5, 2019.

Jurisdiction must be expressly given to the courts of appeals. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); In re Ford, 553 S.W.3d 728, 731 (Tex. App.—Waco 2018, orig. proceeding). The standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law. Abbott v. State, 271 S.W.3d 694, 696 (Tex. Crim. App. 2008); Ford, 553 S.W.3d at 731. We have not found any rule or any statutory or constitutional provision that would authorize Walton’s appeal from the trial court's June 5, 2019 order. Accordingly, the order is not appealable, we have no jurisdiction to entertain Walton’s appeal, and the appeal must be dismissed.

Notwithstanding that this appeal must be dismissed, Walton may file a motion for rehearing with this Court within 15 days after this opinion and judgments are rendered if Walton believes this opinion and judgments are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if Walton desires to have the opinion and judgments of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court's judgments are rendered or the day the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).

This appeal is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Appeal dismissed Opinion delivered and filed August 21, 2019 Do not publish [CR25]

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