Robert Louis Taylor v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2004
• Docket: 13-03-00538-CR
• Status: Published

Opinion

NUMBER 13-03-538-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ROBERT LOUIS TAYLOR,                                                   Appellant,

v.

THE STATE OF TEXAS,      Appellee.

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On appeal from the County Court of Lavaca County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Garza

Opinion Per Curiam

         Appellant, Robert Louis Taylor, pleaded not guilty to the misdemeanor offense of driving without a driver’s license. See Tex. Transp. Code Ann. § 521.021 (Vernon A municipal court judge found appellant guilty and assessed a fine of $90.00. Appellant appealed to the county court at law, which affirmed the conviction and assessed a fine of $93.25. This appeal ensued. The State contends that this Court lacks jurisdiction over the appeal. We agree.

         This Court does not have jurisdiction over appeals taken from an inferior court to a county court at law when the fine assessed by the county court at law does not exceed $100.00, unless the sole issue raised on appeal is the constitutionality of the statute or ordinance on which the conviction is based. See Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon Supp. 2004); Boyd v. State, 11 S.W.3d 324, 325 (Tex. App.–Houston [14th Dist.] 1999, no pet.). Although appellant couches several of his issues in terms of the due course of law and due process of law, appellant does not attack the constitutionality of the statute under which he was convicted. Accordingly, the appeal is dismissed for want of jurisdiction.

                                                                        PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 17th day of June, 2004.