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Blakely v. State

Court of Appeals Second Appellate District of Texas at Fort Worth
Nov 8, 2018
No. 02-18-00354-CR (Tex. App. Nov. 8, 2018)

Summary

dismissing appeal from order denying defendant's motion to quash the indictment

Summary of this case from Schexnayder v. State

Opinion

No. 02-18-00354-CR No. 02-18-00355-CR

11-08-2018

QUINCY BLAKELY, Appellant v. THE STATE OF TEXAS


On Appeal from the 211th District Court Denton County, Texas
Trial Court Nos. F17-2106-211, F18-1122-211 Before Sudderth, C.J.; Walker and Birdwell, JJ.

MEMORANDUM OPINION

Pro se appellant Quincy Blakely attempts to appeal from the trial court's order denying his motion to quash an indictment and the court's oral ruling denying his motion for a copy of a grand jury transcript. On August 13, 2018, we sent Blakely a letter expressing our concern that we lack jurisdiction because the trial court had not entered any appealable orders and had not signed a judgment of conviction. We instructed him that unless he filed a response showing grounds for continuing the appeals, we could dismiss them. See Tex. R. App. P. 44.3. His responses do not show grounds for continuing the appeals.

In a criminal case, we generally have jurisdiction only when the trial court has signed a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). "We do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted to us by law." Id. The rulings of which Blakely complains are not within the limited scope of appealable interlocutory orders. See Jones v. State, No. 02-18-00353-CR, 2018 WL 4177450, at *1 (Tex. App.—Fort Worth Aug. 30, 2018, no pet.) (mem. op., not designated for publication); Ex parte Composano, No. 12-17-00325-CR, 2017 WL 5897954, at *1 (Tex. App.—Tyler Nov. 30, 2017, no pet.) (mem. op., not designated for publication).

Therefore, we dismiss these appeals for want of jurisdiction. Tex. R. App. P. 43.2(f); McKown, 915 S.W.2d at 161.

/s/ Wade Birdwell

Wade Birdwell

Justice Do Not Publish
Tex. R. App. P. 47.2(b) Delivered: November 8, 2018


Summaries of

Blakely v. State

Court of Appeals Second Appellate District of Texas at Fort Worth
Nov 8, 2018
No. 02-18-00354-CR (Tex. App. Nov. 8, 2018)

dismissing appeal from order denying defendant's motion to quash the indictment

Summary of this case from Schexnayder v. State
Case details for

Blakely v. State

Case Details

Full title:QUINCY BLAKELY, Appellant v. THE STATE OF TEXAS

Court:Court of Appeals Second Appellate District of Texas at Fort Worth

Date published: Nov 8, 2018

Citations

No. 02-18-00354-CR (Tex. App. Nov. 8, 2018)

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Schexnayder v. State

The rulings of which Schexnayder complains are not within the limited scope of appealable interlocutory…