From Casetext: Smarter Legal Research

Schmotzer v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Jun 14, 2017
No. 10-17-00185-CR (Tex. App. Jun. 14, 2017)

Opinion

No. 10-17-00185-CR

06-14-2017

CHRISTOPHER K. SCHMOTZER, Appellant v. THE STATE OF TEXAS, Appellee


From the 85th District Court Brazos County, Texas
Trial Court No. 09-1287-CRF-85

MEMORANDUM OPINION

Christopher K. Schmotzer, a prison inmate, filed a notice of appeal from an order of the trial court granting the State's motion to release biological evidence.

The right of appeal in criminal cases is conferred by the Legislature, and a party may appeal only from judgments of conviction or interlocutory orders authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 25.2(a)(2). We do not have jurisdiction to review interlocutory orders unless jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). See also Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) ("The standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law."). The order about which Schmotzer complains is not a final conviction, and there is no statutory authorization to appeal the granting of a motion to release biological evidence.

Accordingly, this appeal is dismissed for want of jurisdiction.

Schmotzer's request for appointment of counsel on appeal is also dismissed.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Motion dismissed
Opinion delivered and filed June 14, 2017
Do not publish
[CR25]


Summaries of

Schmotzer v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Jun 14, 2017
No. 10-17-00185-CR (Tex. App. Jun. 14, 2017)
Case details for

Schmotzer v. State

Case Details

Full title:CHRISTOPHER K. SCHMOTZER, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Jun 14, 2017

Citations

No. 10-17-00185-CR (Tex. App. Jun. 14, 2017)