Richard B. Stepp v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 4, 2024
• Docket: 10-23-00407-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00407-CR

RICHARD B. STEPP, Appellant v.

THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 23-03484-CRF-272

MEMORANDUM OPINION

On December 13, 2023, appellant, Richard B. Stepp, filed a pro se notice of appeal

challenging the trial court’s denial of his pro se “Notice of Jurisdiction” affidavit.1 The

Texas Rules of Appellate Procedure provide that a criminal defendant has the right to

appeal a judgment of guilt or other appealable order. See TEX. R. APP. P. 25.2(a)(2).

1 Although originally appointed counsel, Stepp has filed a notice of self-representation in this case. However, there is no appealable order in this case. See id.; see also id. at R. 26.2(a)(1),

27.1(b).

Furthermore, the standard for determining whether an appellate court has

jurisdiction to hear and determine a case “‘is not whether the appeal is precluded by law,

but whether the appeal is authorized by law.’” Blanton v. State, 369 S.W.3d 894, 902 (Tex.

Crim. App. 2012) (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)).

Based on our review, there is no statutory authority granting Stepp the right to appeal

the denial of his “Notice of Jurisdiction” affidavit.

Accordingly, we dismiss this appeal for lack of jurisdiction.2 See TEX. R. APP. P.

43.2(f); see also Blanton, 369 S.W.3d at 902; Abbott, 271 S.W.3d at 696-97.

STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith (Chief Justice Gray concurs.) Appeal dismissed Opinion delivered and filed January 4, 2024 Do not publish [CR25]

2 In light of this disposition, we dismiss as moot all pending motions in this case.

Stepp v. State Page 2