James Ray Johnson v. State

Court of Appeals of Texas

James Ray Johnson v. State

Court of Appeals of Texas·Decided August 27, 2019·No. 01-18-01045-CR·Published

Opinion

Opinion issued August 27, 2019

In The

Court of Appeals

For The

First District of Texas

proceeding.1 We dismiss the appeal.

The right to appeal in criminal cases is conferred by statute, and a party may appeal only from a judgment of conviction or an interlocutory order as authorized by statute. See TEX. CODE CRIM. PROC. art. 44.02; see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). A court of appeals does not have jurisdiction to review an interlocutory order in a criminal case unless jurisdiction has been expressly granted by statute. See Ragston, 424 S.W.3d at 52; see also State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011) (explaining appeals “in a criminal case are permitted only when they are specifically authorized by statute”). In this case, appellant attempts to appeal the trial court’s interlocutory order requiring an examination to determine if he was incompetent to stand trial. “Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005.” TEX. CODE CRIM. PROC. ANN. art. 46B.011; see Queen v. State, 212 S.W.3d 619, 622 (Tex. App.—Austin 2006, no pet.); see, e.g., Palmer v. State, No. 01-18-00367-CR, 2018 WL 2925712, at *1 (Tex. App.—Houston [1st Dist.] June 12, 2018, pet. ref’d) (mem. op., not designated for publication) (dismissing appeal of trial court’s order granting motion for psychiatric evaluation).

1 See TEX. CODE CRIM. PROC. ANN. art. 46B.005(a).

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion issued August 27, 2019

In The

Court of Appeals

For The

First District of Texas

proceeding.1 We dismiss the appeal.

The right to appeal in criminal cases is conferred by statute, and a party may appeal only from a judgment of conviction or an interlocutory order as authorized by statute. See TEX. CODE CRIM. PROC. art. 44.02; see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). A court of appeals does not have jurisdiction to review an interlocutory order in a criminal case unless jurisdiction has been expressly granted by statute. See Ragston, 424 S.W.3d at 52; see also State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011) (explaining appeals “in a criminal case are permitted only when they are specifically authorized by statute”). In this case, appellant attempts to appeal the trial court’s interlocutory order requiring an examination to determine if he was incompetent to stand trial. “Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005.” TEX. CODE CRIM. PROC. ANN. art. 46B.011; see Queen v. State, 212 S.W.3d 619, 622 (Tex. App.—Austin 2006, no pet.); see, e.g., Palmer v. State, No. 01-18-00367-CR, 2018 WL 2925712, at *1 (Tex. App.—Houston [1st Dist.] June 12, 2018, pet. ref’d) (mem. op., not designated for publication) (dismissing appeal of trial court’s order granting motion for psychiatric evaluation).

1 See TEX. CODE CRIM. PROC. ANN. art. 46B.005(a).

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).

James Ray Johnson v. State, (Tex. Ct. App. 2019).

Pincite

James Ray Johnson v. State (James Ray Johnson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related