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Donald v. State

Court of Appeals of Texas, Third District, Austin
Aug 25, 2005
No. 03-05-00468-CR (Tex. App. Aug. 25, 2005)

Opinion

No. 03-05-00468-CR

Filed: August 25, 2005. DO NOT PUBLISH.

Appeal from the District Court of Travis County, 147th Judicial District, No. D-1-DC-04-205413, Honorable Wilford Flowers, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.


MEMORANDUM OPINION


Clarence Donald seeks to appeal from the district court's order dismissing the above cause on the State's motion after a new indictment was filed. Generally, we have criminal appellate jurisdiction only when there has been a judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex.Crim.App. 1961). We do not have jurisdiction except as expressly granted to us by law. See 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.). We have found no statute that vests this Court with jurisdiction over a defendant's direct appeal from a trial court's order granting the State's pretrial motion to dismiss an indictment or information. The appeal is dismissed.


Summaries of

Donald v. State

Court of Appeals of Texas, Third District, Austin
Aug 25, 2005
No. 03-05-00468-CR (Tex. App. Aug. 25, 2005)
Case details for

Donald v. State

Case Details

Full title:CLARENCE MacVEY DONALD, Appellant V. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 25, 2005

Citations

No. 03-05-00468-CR (Tex. App. Aug. 25, 2005)