William Weldon Jones v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 12, 2021
• Docket: 14-21-00330-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 12, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00330-CR

WILLIAM WELDON JONES, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 94-CR-0354

MEMORANDUM OPINION

This is an attempted appeal of the trial court’s order denying appellant a free copy of transcripts. In Texas, appeals in criminal cases are permitted only when they are authorized by statute. State ex rel. Lykos, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); see Tex. Code Crim. Proc. art. 44.02. Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review interlocutory orders in a criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). See also Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014).

The denial of a request for transcripts is not an appealable order. On July 8, 2021, this court notified the parties that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. Appellant’s response fails to demonstrate that this court has jurisdiction to entertain the appeal.

Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Zimmerer Do Not Publish — Tex. R. App. P. 47.2(b)