Houston, Reddie v. State

Opinion

Dismissed and Opinion Filed November 26, 2012

In The Qtourt of Zpptat if iftj ttrict of exa at at1a No, 05-12-01249-CR

REDDIE HOUSTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-81813-06

MEMORANDUM OPINION Before Justices FitzGerald, Richter, and Fillmore Opinion by Justice Fillmore

Reddie Houston was convicted of two counts of indecency with a child and one count of

sexual assault of a child, as alleged in one indictment. Punishment, enhanced by a prior

aggravated sexual assault conviction, was assessed at life imprisonment on each count. The

convictions were affirmed on direct appeal. Houston u. State, No. 05-07-01049-CR (Tex.

App.—Dallas 2008, pet. ref’d) (mem. op., not designated for publication). On July 23, 2012,

appellant filed a motion asking the trial court to bench warrant him back to Collin County. The

trial judge denied the motion by written order on July 25, 2012 and appellant appealed. Appellate courts have jurisdiction over appeals by criminal defendants only upon

conviction or from certain statutorily designated appealable orders. See Wright v. Stale, 969

S.W.2d 588, 589-90 (Tn. App.—Dallas 1998, no pet). An order denying a motion for a bench

warrant is not an appealable order.

We dismiss the appeal for want of jurisdiction.

ROBERT M. FILLMORE JUSTICE

Do Not Publish Tnx. R. An. P.47

121 249F.U05 Qourt of (ppea1 Jfiftb 3ttrirt of txa at a1[a

JUDGMENT

REDI)IE I IOUSTON. Appellant Appeal irom the 366th Judicial l)istrict Court of Coil in County. I’exas (Trial Court No. ()5i2Ol2$9-CR V. No. 36&8lI3M6). Opinion delivered by Justice Fillmore. THE STATE OF TEXAS, Appellee Justices FitzGerald and Richter participating.

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

Judgment entered November 16. 101 2.