Opinion
NO. 03-21-00026-CR
03-18-2021
Louis James Brown III, Appellant v. The State of Texas, Appellee
FROM THE 296TH DISTRICT COURT OF COLLIN COUNTY
NO. 296-83597-2019 , JOHN R. ROACH JR., JUDGE PRESIDING MEMORANDUM OPINION
On January 13, 2021, Louis James Brown III filed a notice of appeal of a judgment of conviction for the offense of stalking out of Collin County, Texas. See Tex. Penal Code § 42.072. However, the criminal appellate jurisdiction vested in this Court by the Texas Constitution and the Code of Criminal Procedure is limited to counties in this Court's appellate district. See Tex. Const., art. V, § 6 (providing that courts of appeals "shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law"); Tex. Code Crim. Proc. arts. 4.01 (establishing criminal jurisdiction in criminal actions in courts of appeals), .03 (providing that courts of appeals "shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed"). Collin County lies outside this Court's district. See Tex. Gov't Code § 22.201(d) (listing counties in Third Court's district), (f) (including Collin County in list of counties in Fifth Court's district). Thus, because Collin County lies outside of our district, we have no appellate jurisdiction in this matter. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); see also Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.—Amarillo 1998, pet. ref'd) (applying Rule 42.3 in criminal context).
/s/_________
Thomas J. Baker, Justice Before Chief Justice Byrne, Justices Baker and Smith Dismissed for Want of Jurisdiction Filed: March 18, 2021 Do Not Publish