From Casetext: Smarter Legal Research

Walker v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2022
No. 05-22-00165-CR (Tex. App. Mar. 21, 2022)

Opinion

05-22-00165-CR

03-21-2022

DEYLAN CHRISTOPHER WALKER, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-18-0986

Before Justices Schenck, Molberg, and Pedersen, III

MEMORANDUM OPINION

BILL PEDERSEN, III JUSTICE.

Deylan Christopher Walker filed his pro se notice of appeal on March 1, 2022, seeking to appeal the "judgment signed by the Court on February 10, 2022." Concluding we do not have jurisdiction, we dismiss the appeal.

This Court may only review criminal appeals authorized by statute. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); see also Tex. Code Crim. Proc. Ann. art. 44.02 (authorizing defendant's right to appeal "under the rules hereinafter prescribed"). Generally, criminal defendants may appeal only from final judgments. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Unless a statute expressly grants a right of appeal, interlocutory orders are not appealable. See Ragston, 424 S.W.3d at 52; Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991).

In this case, appellant seeks to appeal the trial court's ruling on appellant's February 10, 2022 "First Amended Emergency Motion to Oppose Motion to Withdraw & Sanctions Against Attorney Robert Gregg & Request for Hearing on Motion to Withdraw." The trial court's February 10, 2022 order denying appellant's motion is neither a final judgment nor an appealable interlocutory order. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.) (listing appealable interlocutory orders and concluding determination to revoke bond not appealable); Bridle v. State, 16 S.W.3d 906, 908 n.1 (Tex. App.-Fort Worth 2000, no pet.) (listing appealable interlocutory orders). Thus, we have no jurisdiction to consider appellant's appeal. See Ragston, 424 S.W.3d at 52; Apolinar, 820 S.W.2d at 794. And in the absence of jurisdiction, we must dismiss the appeal without taking further action. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

We dismiss this appeal for want of jurisdiction.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal for lack of jurisdiction.

Judgment entered.


Summaries of

Walker v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2022
No. 05-22-00165-CR (Tex. App. Mar. 21, 2022)
Case details for

Walker v. State

Case Details

Full title:DEYLAN CHRISTOPHER WALKER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 21, 2022

Citations

No. 05-22-00165-CR (Tex. App. Mar. 21, 2022)