Opinion
NO. 03-16-00616-CR
01-24-2017
Stephen Foeller, Appellant v. The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF COMAL COUNTY
NO. 2015 CR 1800 , HONORABLE CHARLES A. STEPHENS II, JUDGE PRESIDING MEMORANDUM OPINION
Stephen Foeller, who has not been finally sentenced, filed a notice of appeal of the trial court's order denying his pretrial motion to suppress evidence. However, we do not have jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has been expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). There is no such grant for a defendant's direct appeal of an interlocutory order denying a motion to suppress evidence. See Dahlem v. State, 322 S.W.3d 685, 690-91 (Tex. App.—Fort Worth 2010, pet. ref'd) (noting that pretrial order on motion to suppress is interlocutory ruling that is not appealable by defendant); see also Caad v. State, No. 03-13-00630-CR, 2014 Tex. App. LEXIS 7414, at *1 (Tex. App.—Austin July 10, 2014, no pet.) (mem. op., not designated for publication) (concluding that court lacked jurisdiction over defendant's interlocutory appeal from denial of his motion to suppress evidence).
The State is entitled to appeal an order granting a pretrial motion to suppress evidence, see Tex. Code Crim. Proc. art. 44.01(a)(5), but no corresponding provision entitles a defendant to appeal the denial of such a motion. See id. art. 44.02.
The appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Field and Bourland Filed: January 24, 2017 Dismissed for Want of Jurisdiction Do Not Publish