Opinion
No. 05-12-01738-CR
03-01-2013
JAY SANDON COOPER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Grayson County, Texas
Trial Court Cause No. 2011-2-1391
MEMORANDUM OPINION
Before Justices Moseley, O'Neill, and Lewis
Opinion by Justice Lewis
Jay Sandon Cooper stands charged by information with the offense of driving while intoxicated. Appellant filed an affidavit of indigence on February 3, 2012, which was denied on March 22, 2012. Thereafter, appellant represented himself in the trial court. On November 21, 2012, appellant filed "Defendant's Objections; Motion for Ruling on Defendant's Application for Indigency; and In the Event that the Court Refuses to Rule, Defendant's Objection to the Refusal to Rule." The trial judge denied this motion by order dated November 26, 2012. On December 6, 2012, appellant filed his notice of appeal. Because there is not a final judgment, we sent the parties a letter directing them to file letter briefs addressing our jurisdiction over the appeal. Despite being given an extension of time to file his letter brief, appellant did not respond. We conclude we lack jurisdiction over the appeal.
The right to appeal in a criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex. Crim. App. 2004); Griffin v. State. 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). See also TEX. CODE CRIM. P. ANN. art, 44.02 (West 2006) (providing right of appeal for defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). As a general rule, appellate courts may consider appeals by criminal defendants only alter conviction, Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.) (identifying types of appealable interlocutory orders). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright, 969 S.W.2d at 598.
The interlocutory order denying appellant's motion related to his affidavit of indigence and the denial of court-appointed counsel is not a judgment of conviction nor does it fall within the categories of appealable interlocutory orders. Therefore, we have no jurisdiction over this appeal.
We dismiss the appeal for want of jurisdiction.
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DAVID LEWIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
121738F.U05
JUDGMENT
JAY SANDON COOPER, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-12-01738-CR
On Appeal from the County Court at Law
No. 2, Grayson County, Texas
Trial Court Cause No. 2011-2-1391.
Opinion delivered by Justice Lewis,
Justices Moseley and O'Neill participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
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DAVID LEWIS
JUSTICE