Kyle Lee Bradshaw v. State of Texas Appeal from 86th Judicial District Court of Kaufman County (memorandum opinion)

Annotate this Case
Download PDF
DISMISS; and Opinion Filed December 6, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00960-CR KYLE LEE BRADSHAW, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 17-90166-86-F MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Myers Opinion by Justice Lang-Miers Kyle Lee Bradhaw, who has not been convicted or finally sentenced, filed a notice of appeal, seeking to challenge the trial court’s denial of his pretrial motion to suppress. We do not have jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has been expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Although the State may appeal an order granting a pretrial motion to suppress evidence, see TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5), no corresponding provision entitles a defendant to appeal the denial of such a motion. See id. art. 44.02; Dahlem v. State, 322 S.W.3d 685, 690–91 (Tex. App.—Fort Worth 2010, pet. ref’d) (noting pretrial order on motion to suppress is interlocutory ruling that is not appealable by defendant). We dismiss this appeal for want of jurisdiction. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 180960F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT KYLE LEE BRADSHAW, Appellant No. 05-18-00960-CR On Appeal from the 86th Judicial District Court, Kaufman County, Texas Trial Court Cause No. 17-90166-86-F. Opinion delivered by Justice Lang-Miers. Justices Fillmore and Myers participating. V. STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 6th day of December, 2018. –3–