Philemon Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 28, 2024
• Docket: 05-24-00752-CR
• Status: Published

Opinion

Dismiss and Opinion Filed August 28, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00752-CR

PHILEMON JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-84697-2022

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Nowell Appellant appeals the pretrial denial of his motion to suppress and motion to

reconsider the motion to suppress. Courts of appeals have jurisdiction over

interlocutory appeals only where expressly granted by law. The pretrial denial of a

motion to suppress is not an appealable pretrial order. See McKown v. State, 915

S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (per curiam); see also Faz

v. State, No. 05-06-00540-CR, 2006 WL 1727758, at *1 (Tex. App.—Dallas June

26, 2006, no pet.) (per curiam). Accordingly, we dismiss this appeal for want of jurisdiction.

240752f.u05 /Erin A. Nowell// ERIN A. NOWELL Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

PHILEMON JOHNSON, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-24-00752-CR V. Trial Court Cause No. 219-84697- 2022. THE STATE OF TEXAS, Appellee Opinion delivered by Justice Nowell. Justices Molberg and Kennedy participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction

Judgment entered this 28th day of August, 2024.

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