Opinion
No. 05-09-01435-CR
Opinion issued February 9, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the County Criminal Court No. 11 Dallas County, Texas, Trial Court Cause No. MA09-24082-N.
Before Justices FITZGERALD, MURPHY, and MYERS.
MEMORANDUM OPINION
Malcolm Davis is charged by information with violation of a protective order. On October 12, 2009, appellant filed a motion to dismiss the information on the ground that his right to a speedy trial had been violated. Following a hearing, the trial court denied the motion on October 23, 2009. Appellant filed a notice of appeal from the order denying the motion to dismiss. An order denying a motion to dismiss on the basis of a speedy trial violation is not reviewable by interlocutory appeal. See Ex parte Delbert, 582 S.W.2d 145, 146 (Tex. Crim. App. [Panel Op.] 1979); Ordunez v. Bean, 579 S.W.2d 911, 913-14 (1979) (orig. proceeding). Rather, such a challenge may only be brought on appeal from a judgment of conviction. See Ex parte Delbert, 582 S.W.2d at 146; Ordunez, 579 S.W.2d at 914. Because the record shows the appeal has been brought directly from the order denying the motion to dismiss rather than a judgment of conviction, we conclude we have no jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.