Opinion
NO. 03-19-00737-CR
01-15-2020
Bruce Hicks, Jr., Appellant v. The State of Texas, Appellee
FROM THE 7TH DISTRICT COURT OF SMITH COUNTY
NO. 007-0774-18 , THE HONORABLE KERRY L. RUSSELL, JUDGE PRESIDING MEMORANDUM OPINION
On October 14, 2019, appellant Bruce Hicks, Jr., filed a notice of appeal of a judgment of conviction for delivery of a controlled substance of 400 grams or more out of Smith County, Texas, that was entered on September 27, 2018,
The criminal appellate jurisdiction vested in this Court by the Texas Constitution and the Code of Criminal Procedure is limited to counties in this Court's appellate district. See Tex. Const., Art. V, § 6 (providing that courts of appeals "shall have appellate jurisdiction coextensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law"); Tex. Code Crim. Proc. arts. 4.01 (establishing criminal jurisdiction in criminal actions in courts of appeals), 4.03 (providing that courts of appeals "shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed"). Smith County lies outside this Court's district. See Tex. Gov't Code § 22.201(d) (listing counties in Third Court's district), (m) (including Smith County in list of counties in Twelfth Court's district). Thus, because Smith County lies outside of our district, we have no appellate jurisdiction in this matter. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/s/_________
Melissa Goodwin, Justice Before Justices Goodwin, Kelly, and Smith Dismissed for Want of Jurisdiction Filed: January 15, 2020 Do Not Publish