Willie Chester, Jr. v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-02-020-CR

WILLIE CHESTER, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 1981-382-C

MEMORANDUM OPINION

Willie Chester, Jr. pleaded guilty to burglary of a building. Pursuant to the State s plea recommendation, the court sentenced Chester to six years imprisonment. The court imposed sentence on September 28, 1981. Chester filed a motion with the court on November 20, 2001 requesting free copies of many of the documents on file in the case for use in preparing a federal writ application. The court signed an order on November 29, denying this request. Chester filed a notice of appeal on December 20.

Article V, section 6 of the Texas Constitution invests this Court with jurisdiction over all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. Tex. Const. art. V, 6. Article 44.02 of the Code of Criminal Procedure provides in pertinent part, A defendant in any criminal action has the right of appeal. Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 1979). Texas courts have consistently construed article 44.02 to allow an appeal only from a final judgment [of conviction], though the statute does not contain this limitation on its face. Benford v. State, 994 S.W.2d 404, 408-09 (Tex. App. Waco 1999, no pet.) (quoting State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990)).

This Court has jurisdiction over other types of criminal appeals only when expressly granted by law. Benford, 994 S.W.2d at 409 (quoting Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991)). No statute vests this Court with jurisdiction over an appeal from an order like the one Chester seeks to challenge. Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed February 6, 2002

Do not publish

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