Opinion
No. 06-04-00006-CR.
Submitted: February 23, 2004.
Decided: February 24, 2004. DO NOT PUBLISH.
On Appeal from the 4th Judicial District Court Rusk County, Texas, Trial Court No. CR01-128.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Samuel Heath Cochran has appealed from an order of the Fourth Judicial District Court denying his motion for return of property. The property he seeks to recover consists of polaroid pictures of brickwork and construction introduced as evidence in his criminal trial for attempted manufacture of a controlled substance. Cochran was convicted December 6, 2001, over two years ago. This Court has jurisdiction to hear appeals brought from judgments of conviction and from other orders as allowed by law. See TEX. R. APP. P. 25.2(a)(2). As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. See Ex parte Shumake, 953 S.W.2d 842, 844 (Tex. App.-Austin 1997, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. See Ex parte Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). This appeal does not fall within one of the exceptions to the rule. We conclude this Court is without jurisdiction to entertain this appeal. We dismiss the appeal for want of jurisdiction.