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Lozano v. State

Fourth Court of Appeals San Antonio, Texas
Mar 15, 2021
No. 04-21-00074-CR (Tex. App. Mar. 15, 2021)

Opinion

No. 04-21-00074-CR

03-15-2021

Edwin LOZANO, Appellant v. The STATE of Texas, Appellee


From the County Court at Law, Medina County, Texas
Trial Court No. 34900
Honorable Mark Cashion, Judge Presiding

ORDER

Edwin Lozano was found guilty of a misdemeanor speeding offense in Justice Court, Precinct 3 of Medina County, Texas. Lozano appealed to the County Court at Law of Medina County. After a trial de novo, the court found Lozano guilty and imposed a fine in the amount of $ 50.00. Lozano then filed a notice seeking to appeal the judgment to this court, asserting he did not violate the posted speed limit.

Article 4.03 of the Texas Code of Criminal Procedure limits this court's jurisdiction in criminal cases that have been appealed from a justice court to a county court at law. TEX. CODE CRIM. P. 4.03. In such cases, this court has jurisdiction over an appeal only if the fine imposed exceeds $ 100 or the sole issue is the constitutionality of the statute or ordinance on which the conviction was based. Id.; Montpas v. State, 997 S.W.2d 650 (Tex. App.—Dallas 1999, no pet.); see Hernandez v. State, No. 04-07-00085-CR, 2008 WL 441783, at *1 (Tex. App.—San Antonio Feb. 20, 2008, no pet.) (mem. op., not designated for publication).

We order Lozano to file a response by March 25, 2021 showing why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c).

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of March, 2021.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

Lozano v. State

Fourth Court of Appeals San Antonio, Texas
Mar 15, 2021
No. 04-21-00074-CR (Tex. App. Mar. 15, 2021)
Case details for

Lozano v. State

Case Details

Full title:Edwin LOZANO, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 15, 2021

Citations

No. 04-21-00074-CR (Tex. App. Mar. 15, 2021)