HALL, GABRIEL PAUL v. the State of Texas

• Court: Court of Criminal Appeals of Texas
• Decided: March 27, 2024
• Docket: AP-77,121
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-77,121

GABRIEL PAUL HALL, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL FROM THE DENIAL OF APPELLANT’S MOTION TO FIND [APPELLANT’S] RIGHT TO DUE PROCESS IN THIS PROCEEDING WAS VIOLATED DUE TO ARTICLE 26.052 OF THE TEXAS CODE OF CRIMINAL PROCEDURE IN THE 272ND DISTRICT COURT BRAZOS COUNTY

Per curiam.

OPINION

This is a direct appeal challenging the trial court’s denial of Appellant’s motion to

declare that Article 26.052 violates due process, which motion Appellant filed in the

272nd District Court of Brazos County, Cause No. 11-06185-CRF-272, styled The State of

Texas v. Gabriel Paul Hall. A defendant’s right to appeal is a substantive right

determined by the Texas Legislature. See Bayless v. State, 91 S.W.3d 801, 805 (Tex. Hall – 2

Crim. App. 2002) (defendant’s right to appeal is “a statutorily created right”). Nothing in

the record before us shows that the ruling on this motion constitutes an “appealable order”

under Texas Code of Criminal Procedure Article 44.02. Nor have we independently been

able to find any such authority. Therefore, Appellant’s appeal is dismissed for want of

jurisdiction. No motion for rehearing will be entertained and mandate shall issue

immediately.

Delivered: March 27, 2024 Do not publish