Joy Veronica Hayes v. State

• Court: Court of Appeals of Texas
• Decided: June 18, 2003
• Docket: 06-03-00052-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00052-CR

JOY VERONICA HAYES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Bowie County, Texas

Trial Court No. 03M0089-CCL

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Joy Veronica Hayes has filed an appeal from her conviction by a jury for the misdemeanor offense of assault. She was sentenced to incarceration in the county jail for 180 days.

On May 8, 2003, we wrote to counsel, informing him that we had noted a defect in the appeal, because the record did not contain a certification of Hayes' right to appeal.

Tex. R. App. P. 25.2(d) now requires a certification to be made part of the record in every appeal filed by a defendant. That certification form, which is an appendix to the Texas Rules of Appellate Procedure, provides a certification by the trial court of the defendant's right to appeal. If the certification is not made part of the record, under the rule we must dismiss the appeal.

In our letter, we warned counsel that, if we did not receive the certification within thirty days of the date of our letter, we would dismiss the appeal. As of the date of this opinion, counsel has not contacted this Court, and no certification has been filed.

The appeal is dismissed.

Jack Carter

Justice

Date Submitted: June 17, 2003

Date Decided: June 18, 2003

Do Not Publish

oc 9"/>

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                             No. 06-10-00191-CR

                         IN RE:  REQUEST FOR COURT OF INQUIRY

                                       On Appeal from the 402th Judicial District Court

                                                             Wood County, Texas

                                                            Trial Court No. 12,169

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

            Ricky Williams attempts to appeal the ruling of the 402nd Judicial District Court of Wood County denying his motion to convene a court of inquiry pursuant to Chapter 52 of the Texas Code of Criminal Procedure.  Because the Legislature has not provided a right of appeal, we dismiss this appeal for want of jurisdiction.

            A court of inquiry is a criminal proceeding authorized by and conducted according to Chapter 52 of the Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 52.01–.09 (Vernon 2006).  When a district judge, acting in his capacity as magistrate, has probable cause to believe an offense has been committed against the laws of this state, he may request that the presiding judge of the administrative judicial district appoint a district judge to commence a court of inquiry.  Tex. Code Crim. Proc. Ann. art. 52.01(a).  The appointed judge may summon and examine any witness in relation to the offense in accordance with the procedural rules established in Chapter 52.  Id.  If it appears from a court of inquiry an offense has been committed, the judge shall issue a warrant for the arrest of the offender as if the complaint had been made and filed.  Tex. Code Crim. Proc. Ann. art. 52.08.  Implicit in the denial of a motion to convene a court of inquiry is a finding by the court presented with such a motion that no probable cause existed that the complained-of offense had been committed.  Chapter 52 does not provide for an appeal from the judge’s determination.  In re Court of Inquiry, No. 06-10-00171-CR, 2010 WL 3894220 (Tex. App.––Texarkana Oct. 6, 2010, no pet. h.); In re Court of Inquiry, 148 S.W.3d 554, 555 (Tex. App.––El Paso 2004, no pet.).  A party may appeal only that which the Legislature has authorized.  Olowosuko v. State, 826 S.W.2d 940, 941 (Tex. Crim. App. 1992); McCarver v. State, 257 S.W.3d 512 (Tex. App.––Texarkana 2008, no pet.).

            In the absence of statutory authorization for an appeal from the magistrate’s determination made in connection with the court of inquiry, we conclude that Williams does not have a right of appeal.  Therefore, we dismiss the appeal for want of jurisdiction.

                                                                        Bailey C. Moseley

Date Submitted:          October 19, 2010

Date Decided:             October 20, 2010