Floyd v. State

Full title: WILLIAM FLOYD, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court: Court of Appeals Seventh District of Texas at Amarillo

Date published: Apr 16, 2015

No. 07-15-00153-CR (Tex. App. Apr. 16, 2015)

Opinion

No. 07-15-00153-CR

04-16-2015

WILLIAM FLOYD, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Per Curiam

On Appeal from County Court at Law Hays County, Texas¹
Trial Court No. 14-0164CR; Honorable David Glickler, Presiding

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV'T CODE ANN. § 73.001 (West 2005). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. TEX. R. APP. P. 41.3.

MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant, William Floyd, filed a notice of appeal from the trial court's written order denying his motion to suppress. We dismiss this purported appeal for want of jurisdiction.

On March 6, 2015, Appellant filed Defendant's Notice of Appeal purporting to appeal the trial court's "Order denying Defendant's Motion to Suppress" signed February 24, 2015. Pursuant to an inquiry by the Clerk of this Court, we know that following entry of that order, further proceedings in the trial court ceased with no judgment having been entered.

The State is entitled to pursue an interlocutory appeal from the granting of a motion to suppress. TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5) (West Supp. 2014). However, there is no comparable statute or rule that allows a defendant to appeal an interlocutory order denying a motion to suppress. See Dahlem v. State, 322 S.W.3d 685, 690-91 (Tex. App.—Fort Worth 2010, pet. ref'd) (holding that an order denying a motion to suppress is not an "appealable order" for purposes of a defendant's right of appeal pursuant to article 44.02 of the Texas Code of Criminal Procedure);² Jenkins v. State, No. 03-13-00632-CR, 2013 Tex. App. LEXIS 13288 (Tex. App.—Austin Oct. 25, 2013, no pet.) (mem. op., not designated for publication) (finding no right of appeal from an interlocutory order denying a pretrial motion to suppress).

2 The State's right to appeal from an interlocutory order granting a motion to suppress is governed by a different statute and different rules. See TEX. CODE CRIM. PROC. art. 44.01(a)(5).
--------

There being no final judgment of guilt or other appealable order, this appeal is dismissed for want of jurisdiction.

Per Curiam Do not publish.