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Harris v. State

Court of Appeals For The First District of Texas
Mar 14, 2019
NO. 01-18-00960-CR (Tex. App. Mar. 14, 2019)

Opinion

NO. 01-18-00960-CR

03-14-2019

WILLIAM HARRIS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 232nd District Court Harris County, Texas
Trial Court Case No. 876384

MEMORANDUM OPINION

This is an attempted appeal of the denial of a motion for the appointment of habeas corpus counsel. A ruling denying a motion to appoint counsel is an interlocutory order. See, e.g., Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010) ("an order denying appointed counsel under Article 64.01(c) is not an immediately appealable order"). We do not have jurisdiction to review interlocutory orders unless jurisdiction has been expressly granted by statute. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see also Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) ("The standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law."). There is no statutory authorization to appeal the denial of a motion to appoint habeas corpus counsel.

Accordingly, we dismiss this appeal for want of jurisdiction. TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Goodman and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Harris v. State

Court of Appeals For The First District of Texas
Mar 14, 2019
NO. 01-18-00960-CR (Tex. App. Mar. 14, 2019)
Case details for

Harris v. State

Case Details

Full title:WILLIAM HARRIS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Mar 14, 2019

Citations

NO. 01-18-00960-CR (Tex. App. Mar. 14, 2019)