Opinion
No. 05-18-00960-CR
12-06-2018
KYLE LEE BRADSHAW, Appellant v. STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause No. 17-90166-86-F
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Myers
Opinion by Justice Lang-Miers
Kyle Lee Bradhaw, who has not been convicted or finally sentenced, filed a notice of appeal, seeking to challenge the trial court's denial of his pretrial motion to suppress. We do not have jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has been expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Although the State may appeal an order granting a pretrial motion to suppress evidence, see TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5), no corresponding provision entitles a defendant to appeal the denial of such a motion. See id. art. 44.02; Dahlem v. State, 322 S.W.3d 685, 690-91 (Tex. App.—Fort Worth 2010, pet. ref'd) (noting pretrial order on motion to suppress is interlocutory ruling that is not appealable by defendant).
We dismiss this appeal for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 180960F.U05
JUDGMENT
On Appeal from the 86th Judicial District Court, Kaufman County, Texas
Trial Court Cause No. 17-90166-86-F.
Opinion delivered by Justice Lang-Miers. Justices Fillmore and Myers participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 6th day of December, 2018.