Opinion
No. 10-08-00062-CR
Opinion delivered and filed June 18, 2008. DO NOT PUBLISH.
Appeal from the 361st District Court Brazos County, Texas, Trial Court No. 07-04555-CRM-361. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant David Hunter was charged by information with driving and operating a motor vehicle with an invalid driver's license. In a November 8, 2007 order, the county court transferred this case to district court in Brazos County, where Hunter had a pending felony case. As a result of the transfer and upon the district court's felony judgment revoking community supervision and eight-year state jail sentence (which Hunter is appealing in Cause No. 10-00053-CR), the State moved to dismiss this case. Hunter filed a pro se notice of appeal (counsel was subsequently appointed); it does not state what order he is appealing. The State filed a motion to dismiss this appeal, asserting that it should be dismissed because there is no judgment to appeal and the case was dismissed. We requested a response to the State's motion by May 16, 2008; Hunter has not filed one. An appeals court has jurisdiction in a criminal case only when expressly provided by law. Kelly v. State, 151 S.W.3d 683, 685 (Tex.App.-Waco 2004, no pet.). We are not aware of any statute allowing a defendant the right to appeal an order transferring a case or a dismissal order. Because we have no jurisdiction, we grant the State's motion and dismiss this appeal.