Kyle Damond Jones v. State of Texas

• Court: Court of Appeals of Texas
• Decided: April 15, 2020
• Docket: 05-20-00435-CR
• Status: Published

Opinion

DISMISSED and Opinion Filed April 15, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00435-CR

KYLE DAMOND JONES, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the County Court at Law Rockwall County, Texas Trial Court Cause No. C19-0973

MEMORANDUM OPINION Before Chief Justice Burns and Justices Myers and Carlyle Opinion by Chief Justice Burns Kyle Damond Jones has appealed the trial court’s determination to issue a

warrant for his arrest. Appellant has also filed an emergency motion requesting

relief. Concluding we do not have jurisdiction, we deny the motion and dismiss the

appeal.

This Court may only review criminal appeals authorized by statute. Ragston

v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); see also TEX. CODE CRIM. PROC.

ANN. art. 44.02 (authorizing defendant’s right to appeal “under the rules hereinafter

prescribed”). Generally, criminal defendants may appeal only from final judgments.

See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Unless a statute expressly grants a right of appeal, interlocutory orders are not appealable. See

Ragston, 424 S.W.3d at 52; Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim.

App. 1991).

In this case, appellant’s appeal comes at a preliminary stage of the

proceedings. The trial court’s determination to issue an arrest warrant is neither a

final judgment nor an appealable interlocutory order. See Wright v. State, 969

S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.) (listing appealable interlocutory

orders and concluding determination to revoke bond not appealable); Bridle v. State,

16 S.W.3d 906, 908 n.1 (Tex. App.—Fort Worth 2000, no pet.) (listing appealable

interlocutory orders). Thus, we have no jurisdiction to consider appellant’s appeal.

See Ragston, 424 S.W.3d at 52; Apolinar, 820 S.W.2d at 794.

In the absence of jurisdiction, we must dismiss the appeal without taking

further action. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

We deny appellant’s emergency motion for relief. We dismiss the appeal for want

of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 200435F.U05

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

KYLE DAMOND JONES, Appellant On Appeal from the County Court at Law, Rockwall County, Texas. No. 05-20-00435-CR V. Trial Court Cause No. C19-0973. Opinion delivered by Chief Justice STATE OF TEXAS, Appellee Burns. Justices Myers and Carlyle participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered April 15, 2020

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