Douglas Austin Dickerson v. State

Opinion

Opinion issued June 18, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00332-CR ——————————— DOUGLAS AUSTIN DICKERSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Fort Bend County, Texas Trial Court Cause No. 12-CCR-159965

MEMORANDUM OPINION

Appellant, Douglas Austin Dickerson, was charged by information with the

misdemeanor offense of driving while intoxicated. After being charged, Dickerson

filed a motion to suppress the results of his breath test. The associate judge assigned to the case denied his motion. Dickerson now attempts to appeal from the

associate judge’s order.1

We do not have jurisdiction to review an interlocutory appeal taken by a

defendant from an order denying a motion to suppress in a criminal case. See

McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Ft. Worth 1996, no pet.).

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Brown, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).

1 This “appeal” appears to be an attempt by Dickerson to persuade the trial court to “modify, correct, reject, [or] reverse” the order of the associate judge. See TEX. GOV’T CODE ANN. § 54A.013(a) (West Supp. 2013). Nevertheless, because we have no jurisdiction over this appeal, we will not remand for clarification. 2