Morris Dale Mitchell v. State

• Court: Court of Appeals of Texas
• Decided: February 4, 2011
• Docket: 06-11-00031-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-11-00031-CR ______________________________

MORRIS DALE MITCHELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law Bowie County, Texas Trial Court No. 10M1825-CCL

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION

Morris Dale Mitchell filed a notice of appeal January 25, 2011, “to pursue an interlocutory

appeal to 6th court of appeals Texarkana, Texas from an interlocutory order denying Appellant’s

motion to dismiss the charges against him for lack of jurisdiction etc.” After a thorough review of

the clerk’s record, we found no order in the record; we have contacted the district clerk, and she

has confirmed that there is no such order in this case.

A timely notice of appeal from a conviction or an appealable order is necessary to invoke

this Court’s jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). This

Court has jurisdiction over criminal appeals only when expressly granted by law. Everett v. State,

91 S.W.3d 386 (Tex. App.—Waco 2002, no pet.).

There being no appealable order in the record, we dismiss this appeal for want of

jurisdiction.

Josh R. Morriss, III Chief Justice

Date Submitted: February 3, 2011 Date Decided: February 4, 2011

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