State v. Henson

573 S.W.2d 548, 1978 Tex. Crim. App. LEXIS 1446

Opinions

OPINION

ROBERTS, Judge.

This is a purported appeal by the State of Texas and the City of Fort Worth from an order entered by the 48th District Court of Tarrant County.

Pursuant to Articles 55.01-55.05, V.A.C. C.P., the trial court ordered that the appel-lee’s arrest record be expunged. The State and the City contended in the trial court that the expunction statutes relied upon were unconstitutional. After their contention was overruled, appellants gave notice of appeal to this Court and to the Court of Civil Appeals. The record was subsequently sent to this Court.

The Court of Criminal Appeals has jurisdiction to determine whether it has jurisdiction. Ex parte Paprskar, 573 S.W. 2d 525 (Tex.Cr.App.1978); and cases there cited. Accordingly, we order that this record be filed so that we may determine whether this Court has jurisdiction.

In Paprskar we held that attempted appeals from orders entered pursuant to Articles 55.01-55.05, supra, were not criminal cases. We also held that, since no statutory right to appeal had been conferred by Chapter 55, we had no power to entertain such cases.

It follows, as it did in Paprskar, that the appeal must be dismissed for want of jurisdiction.