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Hunter v. State

Court of Appeals of Texas, Tenth District, Waco
Jun 18, 2008
No. 10-08-00062-CR (Tex. App. Jun. 18, 2008)

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 DO NOT PUBLISH.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.


Summaries of

Hunter v. State

Court of Appeals of Texas, Tenth District, Waco
Jun 18, 2008
No. 10-08-00062-CR (Tex. App. Jun. 18, 2008)
Case details for

Hunter v. State

Case Details

Full title:DAVID EARL HUNTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jun 18, 2008

Citations

No. 10-08-00062-CR (Tex. App. Jun. 18, 2008)