Opinion
No. 11-18-00004-CR
01-31-2018
TIMOTHY PATRICK LEE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court Gaines County, Texas
Trial Court Cause No. 18,832
MEMORANDUM OPINION
Timothy Patrick Lee has filed a pro se notice of appeal from the trial court's denial of a postconviction motion for discovery materials. In that motion, Lee had asked the trial court to compel the county attorney to release the discovery materials to Lee in light of "newly developed facts." We dismiss the appeal.
The clerk of this court wrote Lee on January 5, 2018, and informed him that it did not appear that the order from which he appealed was a final, appealable order. We requested that he respond in writing and show grounds to continue the appeal. Lee filed a response but did not address any grounds related to the appeal from the denial of his motion for discovery. Instead, Lee asserted in his response that this court has jurisdiction to consider an appeal from the denial of a request for habeas corpus relief in a misdemeanor case. We note that, subsequent to the filing of this appeal, the trial court denied Lee's application for writ of habeas corpus. Lee then filed a notice of appeal from that order as well. The appeal relating to the denial of Lee's application for writ of habeas corpus is pending in this court in Cause No. 11-18-00018-CR, Ex parte Timothy Patrick Lee.
An appellate court has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction or as otherwise authorized by law. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). A direct appeal from the denial of a postconviction motion for discovery is not permitted as it is not a separately appealable order. Smith v. State, No. 14-08-00585-CR, 2008 WL 4809656, at *1 (Tex. App.—Houston [14th Dist.] Nov. 6, 2008, no pet.) (mem. op., not designated for publication). Absent an appealable order, we have no jurisdiction to entertain this appeal.
This appeal is dismissed for want of jurisdiction.
PER CURIAM January 31, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.