Mai Khank Tran v. State

• Court: Court of Appeals of Texas
• Decided: February 26, 2009
• Docket: 14-09-00156-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 26, 2009

Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00156-CR

MAI KHANH TRAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 5503

M E M O R A N D U M   O P I N I O N

Appellant, Mai Khanh Tran, appeals a conviction for failure to signal a right turn.  See Tex. Trans. Code Ann. ' 544.104(b).  Tran pleaded Anot guilty@ in the municipal court.  The court found her guilty and assessed her punishment at a $75.00 fine.  Tran=s motion for new trial was denied and she appealed to the County Criminal Court at Law.  The Harris County Criminal Court at Law No. 11 affirmed Tran=s conviction. 

Initially, we must decide whether we have jurisdiction to entertain this appeal.  We find we do not and dismiss Tran=s appeal.

Unless the appellant raises the constitutionality of the statute or ordinance on which the conviction is based, we only have jurisdiction over such an appeal if the fine assessed against the defendant exceeds $100 and the municipal court judgment is affirmed by the county criminal court at law.  See Tex. Code Crim. Proc. art. 4.03; Tex. Gov=t Code Ann. ' 30.00688.  No such issue has been raised by Tran on appeal.  Accordingly, we lack jurisdiction because the monetary fine does not exceed $100, exclusive of costs. See Boyd v. State, 11 S.W.3d 324, 325 (Tex. App. B Houston [14th Dist.] 1999, no pet.).

Accordingly, the appeal is dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

Do not publish - Tex. R. App. P. 47.2(b).