Ex parte Jerwoody Moler--Appeal from 12th District Court of Walker County
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IN THE
TENTH COURT OF APPEALS
No. 10-11-00328-CR
EX PARTE JERWOODY MOLER
From the 12th District Court
Walker County, Texas
Trial Court No. 25392
MEMORANDUM OPINION
Appellant’s “application for writ of habeas corpus and motion to appeal
judgment on motion to dismiss” was filed in this Court on August 25, 2011. Based on
this document and the parties’ briefs, it appears that Appellant’s pretrial application for
writ of habeas corpus (seeking bail reduction or release under Code of Criminal
Procedure art. 17.151) was filed in the trial court on December 15, 2010. Appellant and
the State assert that this pretrial application has not been ruled on by the trial court.
It appears that Appellant seeks in part a writ of habeas corpus from this Court,
but this Court does not have original habeas corpus jurisdiction in criminal law matters.
Ex parte Price, 228 S.W.3d 885, 886 (Tex. App.—Waco 2007, no pet.). Accordingly,
Appellant’s claim for habeas corpus relief from this Court is dismissed for lack of
jurisdiction.
Appellant alleges that his motion to dismiss was heard and denied on March 11,
2011, and the State asserts that it was denied on March 14, 2011 (according to the trial
court’s docket sheet, which the State has provided us).
We will treat Appellant’s
“application for writ of habeas corpus and motion to appeal judgment on motion to
dismiss” in part as a notice of appeal of the trial court’s denial of Appellant’s motion to
dismiss. This Court lacks jurisdiction of Appellant’s appeal of the trial court’s denial of
Appellant’s motion to dismiss because the notice of appeal is untimely. See TEX. R. APP.
P. 26.2(a)(1) (providing that notice of appeal must be filed within 30 days after day trial
court enters an appealable order).
Furthermore, this Court lacks jurisdiction of
Appellant’s appeal of the trial court’s denial of Appellant’s motion to dismiss because
this Court does not have jurisdiction of such an interlocutory appeal. See Abbott v. State,
271 S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not
whether appeal is precluded by law, but whether appeal is authorized by law); Everett
v. State, 91 S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (stating that this court has
jurisdiction over criminal appeals only when expressly granted by law).
Accordingly, this cause, as both an original proceeding seeking a writ of habeas
corpus in a criminal case and an interlocutory appeal, is dismissed in its entirety for
lack of jurisdiction.
REX D. DAVIS
Justice
Ex parte Moler
Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed September 28, 2011
Do not publish
[CR25]
Ex parte Moler
Page 3
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