Samuel Heath Cochran v. The State of Texas--Appeal from 4th District Court of Rusk County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00006-CR

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SAMUEL HEATH COCHRAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 4th Judicial District Court

Rusk County, Texas

Trial Court No. CR01-128

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Samuel Heath Cochran has appealed from an order of the Fourth Judicial District Court denying his motion for return of property. The property he seeks to recover consists of polaroid pictures of brickwork and construction introduced as evidence in his criminal trial for attempted manufacture of a controlled substance. Cochran was convicted December 6, 2001, over two years ago.

This Court has jurisdiction to hear appeals brought from judgments of conviction and from other orders as allowed by law. See Tex. R. App. P. 25.2(a)(2). 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 Ex parte Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. Fort Worth 1996, no pet.).

This appeal does not fall within one of the exceptions to the rule. We conclude this Court is without jurisdiction to entertain this appeal.

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: February 23, 2004

Date Decided: February 24, 2004

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