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Boehler v. State

Court of Appeals of Texas, Tenth District, Waco
Apr 29, 2009
No. 10-09-00059-CR (Tex. App. Apr. 29, 2009)

Opinion

No. 10-09-00059-CR

Opinion delivered and filed April 29, 2009. DO NOT PUBLISH.

Appealed from the County Court Freestone County, Texas, Trial Court No. 21952. Appeal dismissed.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.


MEMORANDUM OPINION


Scott William Boehler was found guilty of a Class C Misdemeanor, failure to control speed, in the justice of the peace court. TEX. TRANSP. CODE ANN. § 545.351 (Vernon 1999). That conviction was appealed to the county court for a trial de novo. See TEX. CODE CRIM. PROC. ANN. art. 45.042 (Vernon 2006). Boehler was found guilty by a jury in the county court, and the court imposed a fine of $100. Boehler has now attempted to appeal that judgment. The Clerk of this Court notified Boehler by letter that we questioned our jurisdiction because the appeal was from a trial de novo in the county court from an inferior court's ruling. See TEX. CODE CRIM. PROC. ANN. art. 4.03 (Vernon 2005). In the same letter, the Clerk warned Boehler that the Court would dismiss the appeal unless, within 21 days from the date of the letter, a response was filed showing grounds for continuing the appeal. Boehler has not provided a response. We have no jurisdiction of appeals from a trial de novo in the county court of an inferior court's ruling if the fine imposed in the county court does not exceed $100. Id. The fine imposed in the county court at law did not exceed $100. Accordingly, this appeal is dismissed. See TEX. R. APP. P. 44.3.


Summaries of

Boehler v. State

Court of Appeals of Texas, Tenth District, Waco
Apr 29, 2009
No. 10-09-00059-CR (Tex. App. Apr. 29, 2009)
Case details for

Boehler v. State

Case Details

Full title:Scott Boehler, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Apr 29, 2009

Citations

No. 10-09-00059-CR (Tex. App. Apr. 29, 2009)