John Christopher Porter v. The State of Texas--Appeal from County Court at Law of Walker County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00137-CR

John Christopher Porter,

Appellant

v.

The State of Texas,

Appellee

From the County Court at Law

Walker County, Texas

Trial Court No. 07-0226

MEMORANDUM Opinion

Porter was convicted of public intoxication in the Huntsville Municipal Court. See Tex. Penal Code Ann. 49.02(a) (Vernon 2003). Porter appealed the conviction to the Walker County Court at Law. There, the jury assessed a fine of seventy-five dollars. Porter attempts to appeal. Porter contends that the evidence was legally and factually insufficient, and complains of the county court at law s charge. We dismiss for want of jurisdiction.

The courts of appeals lack jurisdiction over:

any case which has been appealed from any inferior court to the . . . county court at law, in which the fine imposed by the . . . county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon 2005); see Schinzing v. State, Nos. 10-06-00148-CR & 10-06-00149-CR, 2007 Tex. App. LEXIS 3388, at *1-*2 (Tex. App. Waco May 2, 2007, no pet.) (not designated for publication) (mem. op.) (per curiam); Meisner v. State, 907 S.W.2d 664, 666 (Tex. App. Waco 1995, no pet.); see also Ex parte Burton, No. 10-07-00195-CR, 2007 Tex. App. LEXIS 5508, at *2 (Tex. App. Waco July 11, 2007, no pet.) (not designated for publication) (mem. op.).

Porter attempts to appeal the county court at law s fine of less than one hundred dollars imposed on appeal from municipal court. None of Porter s issues complain concerning the constitutionality of Texas Penal Code Section 49.02. We lack jurisdiction over Porter s attempted appeal.

We dismiss Porter s attempted appeal for want of jurisdiction.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed February 27, 2008

Do not publish

[CR25]