Opinion
No. 05-09-01120-CR
Opinion issued November 10, 2009. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the County Criminal Court No. 6 Dallas County, Texas, Trial Court Cause No. MB08-66267-G.
Before Chief Justice WRIGHT and Justices FRANCIS and MURPHY.
MEMORANDUM OPINION
Bobby Collard is charged by information with prostitution. See Tex. Penal Code Ann. § 43.02(a)(2) (Vernon). Appellant filed a pretrial "special appearance and first motion to dismiss" challenging the trial court's jurisdiction over the case. There is no written order ruling on the motion, but there is a docket sheet entry that states "Court ruled it does have jurisdiction over this matter and this defendant." Appellant filed a notice of appeal from the trial court's denial of the special appearance and motion to dismiss. For the reasons that follow, we conclude we have no jurisdiction over the appeal. As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright, 969 S.W.2d at 589. Moreover, a court of appeals has no jurisdiction over an appeal absent a written judgment or order. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.-Dallas 1985, no pet.) In this case, not only is there no written order ruling on appellant's motion, the complained-of ruling is not challengeable by interlocutory appeal. See Nikrasch, 698 S.W.2d at 450 (written order requirement); Wright, 969 S.W.2d at 589 (types of appealable interlocutory orders). Absent a judgment of conviction or other appealable order, we have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.