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Brandon v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 13, 2010
No. 05-10-01040-CR (Tex. App. Sep. 13, 2010)

Opinion

No. 05-10-01040-CR

Opinion issued September 13, 2010. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the County Criminal Court No. 2, Dallas County, Texas, Trial Court Cause No. MB09-67806.

Before Justices MORRIS, MOSELEY, and LANG.


MEMORANDUM OPINION


Michael David Brandon is charged with driving while intoxicated. On August 9, 2010, he filed a notice of appeal challenging the trial court's July 8, 2010 denial of his motion to suppress. The documents before the Court reflect the case has not yet proceeded to trial and judgment. As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Wright, 969 S.W.2d at 589. An order denying a motion to suppress is not an appealable interlocutory order. See Wright, 969 S.W.2d at 589 (types of appealable interlocutory orders). Absent a judgment of conviction or other appealable order, we have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.


Summaries of

Brandon v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 13, 2010
No. 05-10-01040-CR (Tex. App. Sep. 13, 2010)
Case details for

Brandon v. State

Case Details

Full title:MICHAEL DAVID BRANDON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 13, 2010

Citations

No. 05-10-01040-CR (Tex. App. Sep. 13, 2010)

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