Rhett Webster Pease v. The State of Texas--Appeal from County Court at Law No. 5 of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00617-CR Rhett Webster Pease, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY NO. 586435, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING Rhett Webster Pease filed a Anotice of interlocutory appeal@ seeking a determination by this Court as to Awhether or not the county court [at law] has any jurisdiction in this matter,@ a prosecution for resisting arrest. The notice states that the specific issue Pease seeks to address by this interlocutory appeal is Awhether or not de-facto officers can charge defendant with resisting arrest without warrant supported by affidavit.@ Courts of appeals do not have jurisdiction to consider interlocutory appeals unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). There is no statutory provision granting a right to appeal the matter at issue here before a final judgment has been rendered. The appeal is dismissed for want of jurisdiction. David Puryear, Justice Before Chief Justice Aboussie, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: October 17, 2002 Do Not Publish 2

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