Howard Liner v. The State of Texas--Appeal from 112th District Court of Crockett County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

No. 08-07-00080-CR

Appeal from the

112th Judicial District

of Crockett County, Texas

(TC# 02-04-02171-CR)

Appellant attempts to file an interlocutory appeal in this Court. In his appeal, he asks the Court to define what is an "official proceeding" pursuant to the Texas Penal Code, The Texas Code of Criminal Procedure, Black's Law Dictionary, and other state statutes. Pending before this Court, on its own initiative, is the dismissal of this appeal for want of jurisdiction.

The Rules of Appellate Procedure provide that a criminal defendant has a right to appeal a judgment of guilty or other appealable order. See Tex.R.App.P. 25.2(a)(2). Appellant's purported interlocutory appeal does not implicate any final judgment or interlocutory order of any kind, but rather asks this Court for a definition.

On March 26, 2007, the Clerk of this Court notified Appellant that this Court does not have jurisdiction over this appeal. Appellant was advised that this appeal would be dismissed unless any party could show cause for continuing the appeal within ten days from the date of receipt of this Court's letter. Appellant failed to respond to this Court's notice.

As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. See Ex parte Shumake, 953 S.W.2d 842, 844 (Tex.App.--Austin 1997, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991). Because Appellant appeals neither a judgment of conviction nor an interlocutory order, this Court has no jurisdiction over this matter.

Accordingly, because there is no appealable order and/or judgment, we dismiss the appeal for want of jurisdiction.

May 17, 2007

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)