Opinion
10-23-00407-CR
01-04-2024
RICHARD B. STEPP, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish
From the 272nd District Court Brazos County, Texas Trial Court No. 23-03484-CRF-272
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
STEVE SMITH Justice
On December 13, 2023, appellant, Richard B. Stepp, filed a pro se notice of appeal challenging the trial court's denial of his pro se "Notice of Jurisdiction" affidavit. The Texas Rules of Appellate Procedure provide that a criminal defendant has the right to appeal a judgment of guilt or other appealable order. See Tex. R. App. P. 25.2(a)(2). However, there is no appealable order in this case. See id.; see also id. at R. 26.2(a)(1), 27.1(b).
Although originally appointed counsel, Stepp has filed a notice of self-representation in this case.
Furthermore, the standard for determining whether an appellate court has jurisdiction to hear and determine a case "'is not whether the appeal is precluded by law, but whether the appeal is authorized by law.'" Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)). Based on our review, there is no statutory authority granting Stepp the right to appeal the denial of his "Notice of Jurisdiction" affidavit.
Accordingly, we dismiss this appeal for lack of jurisdiction. See Tex. R. App. P. 43.2(f); see also Blanton, 369 S.W.3d at 902; Abbott, 271 S.W.3d at 696-97.
In light of this disposition, we dismiss as moot all pending motions in this case.
Chief Justice Gray concurs.
Appeal dismissed.