Quincy Blakely v. The State of Texas Appeal from 194th Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISSED and Opinion Filed May 3, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00064-CR QUINCY BLAKELY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-18020-M MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Whitehill Quincy Blakely has appealed the trial court’s order denying his pro se pretrial motion to dismiss in which he challenged the trial court’s personal jurisdiction and subject matter jurisdiction over him, contended he was arrested without probable cause and subjected to double jeopardy, and alleged defects in the appointments and actions of various officials. We directed the parties to file jurisdictional briefs addressing the basis for the Court’s jurisdiction over the appeal. Appellant did not respond. The State responded that we do not have jurisdiction over this interlocutory matter. We conclude we have no jurisdiction to consider this appeal. An appellate court has jurisdiction to determine appeals only if the appeal is authorized by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). When the appellate court’s jurisdiction is not legally invoked, the court’s power to act is as absent as if it did not exist. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Appellate courts may consider criminal appeals only after conviction or the entry of a narrow set of appealable interlocutory orders. TEX. R. APP. P. 26.2(a)(1); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). The courts of appeal do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Appellant has not cited, nor have we found, any statute or rule that would authorize this appeal from the trial court’s interlocutory order. See Wright, 969 S.W.2d at 589. There being no legal basis upon which appellant may appeal the trial court’s order on his pretrial motion to dismiss, we have no jurisdiction over the appeal. See Abbott, 271 S.W.3d at 696–97. We dismiss the appeal. /Bill Whitehill/ BILL WHITEHILL JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 180064F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT QUINCY BLAKELY, Appellant No. 05-18-00064-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-18020-M. Opinion delivered by Justice Whitehill. Justices Francis and Fillmore participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the appeal is DISMISSED. Judgment entered May 3, 2018. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
