William Johnson v. State

• Court: Court of Appeals of Texas
• Decided: April 6, 2011
• Docket: 10-11-00065-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00059-CR No. 10-11-00065-CR

WILLIAM JOHNSON, Appellant v.

THE STATE OF TEXAS, Appellee

From the 12th District Court Walker County, Texas Trial Court Nos. 25,164 and 25,166

MEMORANDUM OPINION

William Johnson filed a pro se notice of appeal in each of the two underlying

criminal actions complaining of the written order of the trial court’s failure to provide a

speedy trial. The notices state that they are “interlocutory appeals,” and attached to

them are Johnson’s pro se motions for speedy trial that were allegedly filed in the trial

court.1 The notices do not identify a written order on Johnson’s motions, nor do they

1The motions identify the underlying cause numbers as 15,164 and 15,166, but the Walker County District Clerk has advised the Clerk of this Court that the cause numbers are 25,164 and 25,166. identify an underlying pretrial habeas corpus proceeding.

In letters dated March 8, 2011 and March 10, 2011 letter, we notified Johnson that

these causes were subject to dismissal for want of jurisdiction because it appeared that

this Court does not have jurisdiction of his appeals of the trial court’s alleged

interlocutory rulings. See Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008)

(standard for determining jurisdiction is not whether appeal is precluded by law, but

whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—

Waco 2002, no pet.) (stating that this court has jurisdiction over criminal appeals only

when expressly granted by law). We warned Johnson that we would dismiss these

appeals unless, within 21 days, he showed grounds for continuing them. Johnson has

not filed a response showing grounds for continuing these appeals or that we have

jurisdiction, nor is there any indication that Johnson is appealing the trial court’s

judgment or order in a pretrial habeas corpus proceeding under Rule 31 of the Rules of

Appellate Procedure. Accordingly, we dismiss these appeals for want of jurisdiction.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed April 6, 2011 Do not publish [CR25]

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