Isiah Scott v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 7, 2024
• Docket: 10-24-00061-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00061-CR No. 10-24-00062-CR

ISIAH SCOTT, Appellant v.

THE STATE OF TEXAS, Appellee

From the 87th District Court Leon County, Texas Trial Court Nos. 21-0007CR and 22-0120CR

MEMORANDUM OPINION

In each of these cases, Isiah Scott filed a notice of appeal from the trial court’s

denial of his motion for new trial by operation of law.

Appeals in criminal cases are permitted only when they are specifically authorized

by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011) (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, 696–97 (Tex. Crim. App. 2008). An order denying a motion for new trial is

not a separately appealable order. Torres v. State, No. 12-22-00004-CR, 2022 WL 399140,

at *1 (Tex. App.—Tyler Feb. 9, 2022, no pet.) (per curiam) (mem. op., not designated for

publication); Hernandez v. State, No. 03-11-00673-CR, 2012 WL 254606, at *3 (Tex. App.—

Austin Jan. 25, 2012, no pet.) (mem. op., not designated for publication); Billiot v. State,

No. 02-11-00298-CR, 2011 WL 4469232, at * 1 (Tex. App.—Fort Worth Aug. 30, 2011, pet.

ref’d) (per curiam) (mem. op., not designated for publication).

Accordingly, we dismiss these appeals for want of jurisdiction.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed March 7, 2024 Do not publish [CRPM]

Scott v. State Page 2