From Casetext: Smarter Legal Research

Chambliss v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 28, 2013
No. 10-13-00002-CR (Tex. App. Feb. 28, 2013)

Opinion

No. 10-13-00002-CR

02-28-2013

DERRICK JEROME CHAMBLISS, Appellant v. THE STATE OF TEXAS, Appellee


From the 54th District Court

McLennan County, Texas

Trial Court No. 2012-690-C2


MEMORANDUM OPINION

Appellant Derrick Jerome Chambliss filed a pro se notice of appeal in the underlying criminal action complaining of the trial court's written orders denying his motion for speedy trial, his motion for discovery of grand jury testimony, his motion to quash indictment, or, in the alternative, motion to strike enhancement portion of indictment, and his attorney's motion to withdraw.

We do not have jurisdiction of an interlocutory appeal of the denial of a motion for speedy trial, motion for discovery of grand jury testimony, motion to quash indictment, or, in the alternative, motion to strike enhancement portion of indictment, or motion to withdraw. See Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (stating that court has jurisdiction over criminal appeals only when expressly granted by law). No law authorizes the interlocutory appeal of a denial of any of these motions.

We dismiss this appeal for want of jurisdiction.

REX D. DAVIS

Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Appeal dismissed
Do not publish

[CR25]


Summaries of

Chambliss v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 28, 2013
No. 10-13-00002-CR (Tex. App. Feb. 28, 2013)
Case details for

Chambliss v. State

Case Details

Full title:DERRICK JEROME CHAMBLISS, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Feb 28, 2013

Citations

No. 10-13-00002-CR (Tex. App. Feb. 28, 2013)

Citing Cases

Butler v. State

As such, appellant's complaints about Count 2 of the indictment amount to an interlocutory appeal of the…