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Ayati-Ghaffari v. State

Court of Appeals of Texas, Fifth District, Dallas
May 17, 2004
No. 05-03-00453-CR (Tex. App. May. 17, 2004)

Opinion

No. 05-03-00453-CR.

Opinion Filed May 17, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the County Court at Law No. 2, Collin County, Texas, Trial Court Cause No. 002-84058-99. Dismissed.

Before Justices FITZGERALD, RICHTER, and LANG.


MEMORANDUM OPINION


Feysal Ayati-Ghaffari was convicted of running a red light. The trial court assessed a $75 fine. On May 9, 2003, the State filed a motion to dismiss the appeal. At that time, however, we had not received appellant's brief, so we deferred ruling on the motion. We have now received appellant's brief and conclude we have no jurisdiction over the appeal. Appellant was originally convicted of the offense in Plano Municipal Court. He then appealed by trial de novo to the County Court at Law No. 2. After he was convicted of the offense in the county court at law, he appealed to this Court. When an appeal is taken from an inferior court to a county court a law, and the fine assessed by the county court at law does not exceed $100, courts of appeals have no jurisdiction unless the sole issue raised on appeal is the constitutionality of the statute or ordinance on which the conviction is based. See Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon Supp. 2004). Appellant's fine was less than $100 and his sole complaint is that double jeopardy barred his retrial after his original conviction was reversed. That does not attack the constitutionality of the statute or ordinance under which he was convicted. Accordingly, we have no jurisdiction over this appeal. See id. We grant the State's May 9, 2003 motion to dismiss. We dismiss the appeal for want of jurisdiction.


Summaries of

Ayati-Ghaffari v. State

Court of Appeals of Texas, Fifth District, Dallas
May 17, 2004
No. 05-03-00453-CR (Tex. App. May. 17, 2004)
Case details for

Ayati-Ghaffari v. State

Case Details

Full title:FEYSAL AYATI-GHAFFARI, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 17, 2004

Citations

No. 05-03-00453-CR (Tex. App. May. 17, 2004)

Citing Cases

Ayati-Ghaffari v. State

Appellant appealed, and raised this double jeopardy claim. See Ayati-Ghaffari v. State, No. 05-03-00453…