Tyrone Shepard v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 4, 2024
• Docket: 10-23-00403-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00403-CR

TYRONE SHEPARD, Appellant v.

THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 23-03774-CRF-272

MEMORANDUM OPINION

Appellant Tyrone Shepard appeals from the trial court’s ruling on a “Notice of

Jurisdiction” in his underlying criminal case. The State has filed a motion to dismiss this

appeal for want of jurisdiction, arguing that there is no appealable order.

“Interlocutory appeals are generally not permitted in Texas criminal proceedings.”

Leija v. State, 456 S.W.3d 157, 158 (Tex. Crim. App. 2015) (order) (per curiam) (quoting Ex

parte Smith, 178 S.W.3d 797, 801 n.13 (Tex. Crim. App. 2005) (per curiam)). Intermediate

appellate courts have no jurisdiction to review interlocutory orders absent express authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). We have found

no grant of authority to review by interlocutory appeal the trial court’s ruling on a notice

or plea to the jurisdiction in a criminal case. See Taylor v. State, Nos. 05-18-00691-CR, 05-

18-00692-CR, 05-18-00693-CR, 05-18-00694-CR, 05-18-00695-CR, 2018 WL 3215905, at *1

(Tex. App.—Dallas July 2, 2018, pet. denied) (mem. op., not designated for publication);

Stevens v. State, Nos. 03-15-00675-CR, 03-15-00676-CR, 2016 WL 286328, at *1 (Tex. App.—

Austin Jan. 22, 2016, no pet.) (mem. op., not designated for publication).

Accordingly, we grant the State’s Motion to Dismiss Appeal for Want of

Jurisdiction, filed on December 13, 2023, and dismiss this appeal for want of jurisdiction.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed January 4, 2024 Do not publish [CR25]

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