Gavin Blades v. The State of TexasAppeal from County Court at Law No 5 of Montgomery County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00053-CR ____________________ GAVIN BLADES, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 5 Montgomery County, Texas Trial Cause No. 12-277932 ________________________________________________________ _____________ MEMORANDUM OPINION Gavin Blades filed a notice of appeal from the denial of a motion to dismiss an information. We questioned our jurisdiction, and the State filed a response suggesting that no appealable order has been signed. Blades filed a response, but failed to establish that the ruling about which he complains may be appealed at this time. In this state, an appeal in a criminal case must be specifically authorized by statute, and a court of appeals lacks jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Blades argues the trial court s order effectively denied him entry into a pretrial diversion program, and he suggests the order is appealable in the same manner as a deferred adjudication community supervision order. See, e.g., Dillehey v. State, 815 S.W.2d 623, 626 (Tex. Crim. App. 1991). Blades has not shown that the trial court signed a deferred adjudication order. See generally Tex. Code Crim. Proc. Ann. art. 42.12, ยง 5 (West Supp. 2012). The appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Opinion Delivered March 13, 2013 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ.
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