Opinion
NO. 14-17-00959-CR
01-11-2018
TODD W ALTSCHUL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 23rd District Court Brazoria County, Texas
Trial Court Cause No. 23557
MEMORANDUM OPINION
This is an attempted appeal from an order denying appellant's application for a court of inquiry. A court of inquiry is a criminal proceeding authorized by and conducted under Chapter 52 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. arts. 52.01-.09 (West 2006).
Generally, appeals in criminal cases may be taken from only final judgments of convictions. Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). No exception to the general rule allows an appeal from an order denying an application for a court of inquiry. As a result, we lack jurisdiction and the appeal must be dismissed. In re Court of Inquiry, 148 S.W.3d 554, 555-56 (Tex. App.—El Paso 2004, no pet.) (dismissing appeal from denial of request for court of inquiry); accord In re Court of Inquiry, 326 S.W.3d 372, 373 (Tex. App.—Texarkana 2010, no pet.) (same); Dunsmore v. State, Nos. 01-14-00251-CR, 01-14-00307-CR, 01-14-00274-CR, and 01-14-00306-CR, 2014 WL 4418565, at *2 (Tex. App.—Houston [1st Dist.] Sept. 9, 2014, pet. ref'd) (mem. op.) (per curiam) (not designated for publication) (same).
On December 21, 2017, appellant filed a motion in which he acknowledged he does not have a right of appeal and asking us to treat his appeal as a petition for mandamus. We DENY the motion.
Appellant's motion for "recusal-disqualification of the attorneys for the State," filed December 22, 2017, is DENIED AS MOOT.
The appeal is DISMISSED.
PER CURIAM Panel consists of Justice Boyce, Jamison, and Brown.
Do Not Publish — TEX. R. APP. P. 47.2(b).