David Earl Hunter v. The State of Texas--Appeal from 361st District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00062-CR

David Earl Hunter,

Appellant

v.

The State of Texas,

Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 07-04555-CRM-361

MEMORANDUM Opinion

Appellant David Hunter was charged by information with driving and operating a motor vehicle with an invalid driver s license. In a November 8, 2007 order, the county court transferred this case to district court in Brazos County, where Hunter had a pending felony case. As a result of the transfer and upon the district court s felony judgment revoking community supervision and eight-year state jail sentence (which Hunter is appealing in Cause No. 10-00053-CR), the State moved to dismiss this case.

Hunter filed a pro se notice of appeal (counsel was subsequently appointed); it does not state what order he is appealing. The State filed a motion to dismiss this appeal, asserting that it should be dismissed because there is no judgment to appeal and the case was dismissed. We requested a response to the State s motion by May 16, 2008; Hunter has not filed one.

An appeals court has jurisdiction in a criminal case only when expressly provided by law. Kelly v. State, 151 S.W.3d 683, 685 (Tex. App. Waco 2004, no pet.). We are not aware of any statute allowing a defendant the right to appeal an order transferring a case or a dismissal order. Because we have no jurisdiction, we grant the State s motion and dismiss this appeal.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed June 18, 2008

Do not publish

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