Melvyn L. Askew v. The State of Texas--Appeal from 364th District Court of Lubbock County

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NO. 07-05-0181-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 23, 2005 ______________________________ MELVYN L. ASKEW, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2004-407,193; HON. BRADLEY S. UNDERWOOD, PRESIDING _______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ. Melvin L. Askew (appellant) appeals the denial of his motion to suppress. We dismiss for want of jurisdiction. The record fails to reflect that 1) a final judgment has been entered in this cause, or 2) sentence has been pronounced in open court. Indeed, according to the docketing statement executed by appellant, he disclosed that the appeal is interlocutory. Simply put, we do not have jurisdiction over an interlocutory order denying a motion to suppress evidence. McKown v. State, 915 S.W.2d 160, 161 (Tex. App. Fort Worth 1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction. Brian Quinn Chief Justice Do not publish. 2

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