Yancey Lee James v. State of Texas--Appeal from County Court of Austin County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-01-00118-CR
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YANCEY LEE JAMES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law
Austin County, Texas
Trial Court No. 22011
Before Cornelius, C.J., Grant and Ross, JJ.
Opinion by Justice Ross
O P I N I O N

Yancey Lee James pled nolo contendere in the county court at law to a complaint of disorderly conduct. The court assessed a fine of $100.00 as punishment. James contends the trial court erred in denying his motion to suppress evidence obtained as a result of his warrantless arrest.

A court of appeals lacks appellate jurisdiction over criminal cases in which the fine imposed by the county court at law does not exceed $100.00, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based. Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon Supp. 2002); Barksdale v. State, 441 S.W.2d 534, 534 (Tex. Crim. App. 1969) (court lacked jurisdiction because fine was $100.00); Sitz v. State, 267 S.W.2d 838, 839 (Tex. Crim. App. 1954). Because the fine in this case does not exceed $100.00 and James does not complain about the constitutionality of the statute on which the conviction is based, we lack jurisdiction over the appeal.

The appeal is dismissed for want of jurisdiction.

 

Donald R. Ross

Justice

 

Date Submitted: January 25, 2002

Date Decided: January 25, 2002

 

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