William Malone v. State

• Court: Court of Appeals of Texas
• Decided: July 7, 2011
• Docket: 06-11-00131-CR
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00131-CR

                                       WILLIAM MALONE, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 124th Judicial District Court

                                                             Gregg County, Texas

                                                          Trial Court No. 30309-B

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                     MEMORANDUM  OPINION

            William Malone has filed a notice of appeal in which he states that he is appealing from the trial court’s denial, on December 27, 2010, of his motion for review and/or motion for reconsideration of his conviction.  The notice of appeal was filed February 2, 2011.  His underlying conviction was seven years earlier, on February 27, 2004. 

            The right to appeal is conferred by the Legislature.  Rushing v. State, 85 S.W.3d 283, 286 (Tex. Crim. App. 2002).  A party may appeal only that which the Legislature has authorized.  Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993); Galitz v. State, 617 S.W.2d 949, 951 (Tex. Crim. App. 1981); see Tex. R. App. P. 25.2(a), (b); Alvorado v. State, 83 S.W.3d 203, 205 (Tex. App.—Amarillo 2002, no pet.).

            The notice of appeal is not from a judgment of conviction.  We have reviewed the motion at bar, and can find no authority permitting us to conclude that its denial is a type of order which the Legislature has set out as being appealable.  We, therefore, have no jurisdiction over the appeal.

            We dismiss the appeal for want of jurisdiction.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          July 6, 2011

Date Decided:             July 7, 2011

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