Tyrone Shepard v. The State of Texas Appeal from 272nd District Court of Brazos County (memorandum opinion)

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IN THE TENTH COURT OF APPEALS No. 10-23-00403-CR TYRONE SHEPARD, Appellant v. THE STATE OF TEXAS, Appellee From the 272nd District Court Brazos County, Texas Trial Court No. 23-03774-CRF-272 MEMORANDUM OPINION Appellant Tyrone Shepard appeals from the trial court’s ruling on a “Notice of Jurisdiction” in his underlying criminal case. The State has filed a motion to dismiss this appeal for want of jurisdiction, arguing that there is no appealable order. “Interlocutory appeals are generally not permitted in Texas criminal proceedings.” Leija v. State, 456 S.W.3d 157, 158 (Tex. Crim. App. 2015) (order) (per curiam) (quoting Ex parte Smith, 178 S.W.3d 797, 801 n.13 (Tex. Crim. App. 2005) (per curiam)). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). We have found no grant of authority to review by interlocutory appeal the trial court’s ruling on a notice or plea to the jurisdiction in a criminal case. See Taylor v. State, Nos. 05-18-00691-CR, 0518-00692-CR, 05-18-00693-CR, 05-18-00694-CR, 05-18-00695-CR, 2018 WL 3215905, at *1 (Tex. App.—Dallas July 2, 2018, pet. denied) (mem. op., not designated for publication); Stevens v. State, Nos. 03-15-00675-CR, 03-15-00676-CR, 2016 WL 286328, at *1 (Tex. App.— Austin Jan. 22, 2016, no pet.) (mem. op., not designated for publication). Accordingly, we grant the State’s Motion to Dismiss Appeal for Want of Jurisdiction, filed on December 13, 2023, and dismiss this appeal for want of jurisdiction. MATT JOHNSON Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed January 4, 2024 Do not publish [CR25] Shepard v. State Page 2

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