Harmon L. Taylor v. State of Texas Ex Rel., Whitney Brewster, Exec. Dir., Texas Department of Motor Vehicles

CourtCourt of Appeals of Texas
DecidedJuly 2, 2018
Docket05-18-00691-CR
StatusPublished

This text of Harmon L. Taylor v. State of Texas Ex Rel., Whitney Brewster, Exec. Dir., Texas Department of Motor Vehicles (Harmon L. Taylor v. State of Texas Ex Rel., Whitney Brewster, Exec. Dir., Texas Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harmon L. Taylor v. State of Texas Ex Rel., Whitney Brewster, Exec. Dir., Texas Department of Motor Vehicles, (Tex. Ct. App. 2018).

Opinion

Dismissed; Opinion Filed July 2, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00691-CR No. 05-18-00692-CR No. 05-18-00693-CR No. 05-18-00694-CR No. 05-18-00695-CR HARMON L. TAYLOR, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Grayson County, Texas Trial Court Cause Nos. 2018-2-0223, 2018-2-0224, 2018-2-0225, 2018-2-0226 & 2018-2-0227

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Evans Harmon L. Taylor appeals the municipal court’s judgments finding him guilty of operating

a motor vehicle without license plates; expired registration–display expired license plates; no proof

of financial responsibility/liability insurance; no driver’s license; and failure to appear/bail

jumping. After being found guilty of each violation by a jury in municipal court, appellant filed

appeals in County Court at Law No. 2 where he then filed a “Plea to the Jurisdiction” and “Special

Appearance” in each appeal. In orders dated June 6, 2018, the trial court denied each of his pleas

and special appearances. Appellant then filed these appeals.

As a general rule, an appellate court may consider appeals by criminal defendants only

after conviction or the entry of a narrow set of appealable interlocutory orders. TEX. R. APP. P. 26.2(a)(1); see Leija v. State, 456 S.W.3d 157, 158 (Tex. Crim. App. 2015); Saliba v. State, 45

S.W.3d 329, 329 (Tex. App.—Dallas 2001, no pet.). Intermediate appellate courts have no

jurisdiction to review interlocutory orders absent express authority. See Apolinar v. State, 820

S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright, 969 S.W.2d at 589. An order denying a plea to

the jurisdiction or special appearance is not an appealable order in a criminal case. See Wright,

969 S.W.2d at 589; Stevens v. State, No. 03-15-00675-CR, 2016 WL 286328, *1 (Tex. App.—

Austin 2016, no pet.) (mem. op., not designated for publication). We do not find any grant of

authority to review by interlocutory appeal the denial of a plea to the jurisdiction or special

appearance in a criminal case.

We dismiss these appeals for want of jurisdiction.

/David Evans/ DAVID EVANS JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 180691F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HARMON L. TAYLOR, Appellant On Appeal from the County Court at Law No. 2, Grayson County, Texas No. 05-18-00691-CR V. Trial Court Cause No. 2018-2-0223. Opinion delivered by Justice Evans, STATE OF TEXAS, Appellee Justices Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 2nd day of July, 2018.

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HARMON L. TAYLOR, Appellant On Appeal from the County Court at Law No. 2, Grayson County, Texas No. 05-18-00692-CR V. Trial Court Cause No. 2018-2-0224. Opinion delivered by Justice Evans, STATE OF TEXAS, Appellee Justices Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HARMON L. TAYLOR, Appellant On Appeal from the County Court at Law No. 2, Grayson County, Texas No. 05-18-00693-CR V. Trial Court Cause No. 2018-2-0225. Opinion delivered by Justice Evans, STATE OF TEXAS, Appellee Justices Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–5– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HARMON L. TAYLOR, Appellant On Appeal from the County Court at Law No. 2, Grayson County, Texas No. 05-18-00694-CR V. Trial Court Cause No. 2018-2-0226. Opinion delivered by Justice Evans, STATE OF TEXAS, Appellee Justices Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–6– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HARMON L. TAYLOR, Appellant On Appeal from the County Court at Law No. 2, Grayson County, Texas No. 05-18-00695-CR V. Trial Court Cause No. 2018-2-0227. Opinion delivered by Justice Evans, STATE OF TEXAS, Appellee Justices Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–7–

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Related

Apolinar v. State
820 S.W.2d 792 (Court of Criminal Appeals of Texas, 1991)
Saliba v. State
45 S.W.3d 329 (Court of Appeals of Texas, 2001)
Leija, Antonio Jr.
456 S.W.3d 157 (Court of Criminal Appeals of Texas, 2015)

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Harmon L. Taylor v. State of Texas Ex Rel., Whitney Brewster, Exec. Dir., Texas Department of Motor Vehicles, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmon-l-taylor-v-state-of-texas-ex-rel-whitney-brewster-exec-dir-texapp-2018.