Opinion
NO. 01-19-00849-CR
05-05-2020
BRANDON PRYOR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 149th District Court Brazoria County, Texas
Trial Court Case No. 81258-CR
MEMORANDUM OPINION
Lindsay R. Lopez, the appointed trial counsel for Brandon Pryor in the court below, has filed a notice of appeal of the trial court's disapproval of her request for an additional $1,487.50 in attorney fees.
Article 26.05(c) of the Texas Code of Criminal Procedure provides that "[a]n attorney whose request for payment is disapproved . . . may appeal the disapproval or failure to act by filing a motion with the presiding judge of the administrative judicial region." TEX. CRIM. PROC. CODE art. 26.05(c). Further, "appellate courts only have jurisdiction to review final judgments and certain interlocutory orders identified by statute. An appeal of an order issued by the presiding judge of the administrative judicial region pursuant to Code of Criminal Procedure Article 26.05(c) is not authorized by statute." In re Long, No. 13-10-00612-CV, 2011 WL 1204756, at *1 (Tex. App.—Corpus Christi Mar. 31, 2011, no pet.).
After being notified that this appeal was subject to dismissal for want of jurisdiction, appellant did not respond. See TEX. R. APP. P. 5; 42.3(c).
On April 23, 2020, the clerk of the trial court filed a Second Special Clerk's Record that included a certificate of fact executed by the Brazoria County district clerk. The certificate of fact included the following language: "I . . . certify that as of this date the following facts exist: The Appeal Assigned To The 1st Court Of Appeals On 10/31/19 Was Inadvertently Filed Due To Clerk's Error."
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Lloyd, and Hightower. Do not publish. TEX. R. APP. P. 47.2(b).