Opinion
No. 05-15-01550-CR
05-25-2016
PAULA LEIGH KEELING, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 4 Collin County, Texas
Trial Court Cause No. 004-82637-2015
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Schenck
Opinion by Justice Francis
Paula Leigh Keeling is charged with driving while intoxicated. On November 5, 2015, the trial court denied appellant's motion to suppress, and she filed a notice of appeal. Because it appeared we lacked jurisdiction over the appeal, we directed the parties to file letter briefs addressing our jurisdiction. Appellant did not respond. The State filed a letter brief asserting we lacked jurisdiction over the interlocutory order. We agree with the State that we have no jurisdiction over the appeal.
"Jurisdiction concerns the power of a court to hear and determine a case." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See id. at 523. "The standard to determine whether an appellate court has jurisdiction to hear and determine a case 'is not whether the appeal is precluded by law, but whether the appeal is authorized by law.'" Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)). The right to appeal in a criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex. Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). See also TEX. CODE CRIM. P. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). Appellate courts may consider appeals by criminal defendants only after conviction or the entry of an appealable order. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.).
The trial court's interlocutory order denying appellant's motion to suppress is not an appealable order. See id.; State v. Vogel, 852 S.W.2d 567, 570 (Tex. App.—Dallas 1992, pet. ref'd). Rather, appellant's right to appeal and have reviewed the trial court's ruling on her motion to suppress is governed by article 44.02. See TEX. CODE CRIM. P. ANN. art. 44.02; Vogel, 852 S.W.2d at 570. Therefore, we have no jurisdiction over this appeal.
We dismiss the appeal for want of jurisdiction.
/Molly Francis/
MOLLY FRANCIS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
151550F.U05
JUDGMENT
On Appeal from the County Court at Law No. 4, Collin County, Texas
Trial Court Cause No. 004-82637-2015.
Opinion delivered by Justice Francis, Justices Fillmore and Schenck participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered May 25, 2016.