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Martinez v. State

Court of Appeals Seventh District of Texas at Amarillo
Sep 24, 2013
No. 07-13-00219-CR (Tex. App. Sep. 24, 2013)

Opinion

No. 07-13-00219-CR

2013-09-24

EDWARD L. MARTINEZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 137th District Court

Lubbock County, Texas

Trial Court No. 2004-405,843, Honorable John J. "Trey" McClendon, Presiding


MEMORANDUM OPINION


Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant, Edward L. Martinez, filed a notice of appeal with this Court July 16, 2013, seeking review of the 137th District Court's "judgments" regarding several motions he had filed in that court. On August 2, 2013, this Court sent appellant notice that it appeared that the Court may not have jurisdiction and was directed to show how this Court has jurisdiction over this appeal. Furthermore, in response to an inquiry made by this Court, the trial court represented that it "will not be signing any orders on the motions [appellant made] mention in his notice of appeal filed in the above referenced appellate case number." Appellant responded to this Court's letter by contending that the filing of a notice of appeal invokes this court's jurisdiction and the Texas Code of Criminal Procedure article 44.02 grants him the right of appeal.

However, Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal. See Palomo v. State, 330 S.W.3d 920, 920-21 (Tex. App.—Amarillo 2010, no pet.). Jurisdiction of an appellate court is never presumed; if the record does not affirmatively demonstrate the appellate court's jurisdiction, the appeal must be dismissed. Id. Because the record here does not affirmatively demonstrate the appellate court's jurisdiction, the appeal must be dismissed.

Accordingly, we dismiss the appeal for want of jurisdiction.

Appellant, further, requested that he be allowed to proceed in filing his brief. We deny the request as moot.

Per Curiam Do not publish.


Summaries of

Martinez v. State

Court of Appeals Seventh District of Texas at Amarillo
Sep 24, 2013
No. 07-13-00219-CR (Tex. App. Sep. 24, 2013)
Case details for

Martinez v. State

Case Details

Full title:EDWARD L. MARTINEZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Sep 24, 2013

Citations

No. 07-13-00219-CR (Tex. App. Sep. 24, 2013)