Michael David Williams v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 16, 2021
• Docket: 10-21-00117-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00117-CR

MICHAEL DAVID WILLIAMS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 13th District Court Navarro County, Texas Trial Court No. D34123CR

MEMORANDUM OPINION

In this matter, appellant, Michael David Williams, challenges the trial court’s

denial of his pro se “motions for transcripts of prior mistrial.” The right of appeal in a

criminal case is a statutorily-created right. See TEX. CODE CRIM. PROC. ANN. art. 44.02; see

also Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002). Generally, a criminal

defendant may only appeal from a final judgment. State v. Sellers, 790 S.W.2d 316, 321 n.4

(Tex. Crim. App. 1990). Because appellant is not appealing from a judgment of conviction or an otherwise appealable order, we have no jurisdiction. See Ragston v. State, 424 S.W.3d

49, 52 (Tex. Crim. App. 2014) (“’[T]he standard for determining jurisdiction is not

whether the appeal is precluded by law, but whether the appeal is authorized by law.’”

(quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008))). We therefore

dismiss this appeal for lack of jurisdiction.

Appellant may file a motion for rehearing with this Court within fifteen days after

the opinion and judgment are rendered. See TEX. R. APP. P. 49.1. If appellant desires to

have the decision of this Court reviewed by filing a petition for discretionary review, that

petition must be filed with the Court of Criminal Appeals within thirty days after either

this Court’s judgment was rendered or the day that last timely motion for rehearing was

overruled by this Court. See id. at R. 68.2(a).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Visiting Justice Davis1 Appeal dismissed Opinion delivered and filed June 16, 2021 Do not publish [CR25]

1 The Honorable Rex Davis, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.

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