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Scott v. State

Court of Appeals of Texas, Tenth District
Mar 7, 2024
No. 10-24-00061-CR (Tex. App. Mar. 7, 2024)

Opinion

10-24-00061-CR 10-24-00062-CR

03-07-2024

ISIAH SCOTT, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish

From the 87th District Court Leon County, Texas Trial Court Nos. 21-0007CR and 22-0120CR

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

MATT JOHNSON Justice

In each of these cases, Isiah Scott filed a notice of appeal from the trial court's denial of his motion for new trial by operation of law.

Appeals in criminal cases are permitted only when they are specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011) (orig. proceeding). "The standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law." Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). An order denying a motion for new trial is not a separately appealable order. Torres v. State, No. 12-22-00004-CR, 2022 WL 399140, at *1 (Tex. App. - Tyler Feb. 9, 2022, no pet.) (per curiam) (mem. op., not designated for publication); Hernandez v. State, No. 03-11-00673-CR, 2012 WL 254606, at *3 (Tex. App. - Austin Jan. 25, 2012, no pet.) (mem. op., not designated for publication); Billiot v. State, No. 02-11-00298-CR, 2011 WL 4469232, at * 1 (Tex. App. - Fort Worth Aug. 30, 2011, pet. ref d) (per curiam) (mem. op., not designated for publication).

Accordingly, we dismiss these appeals for want of jurisdiction.


Summaries of

Scott v. State

Court of Appeals of Texas, Tenth District
Mar 7, 2024
No. 10-24-00061-CR (Tex. App. Mar. 7, 2024)
Case details for

Scott v. State

Case Details

Full title:ISIAH SCOTT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District

Date published: Mar 7, 2024

Citations

No. 10-24-00061-CR (Tex. App. Mar. 7, 2024)