Michael David Williams v. the State of Texas ( 2021 )

IN THE TENTH COURT OF APPEALS No. 10-21-00117-CR MICHAEL DAVID WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee From the 13th District Court Navarro County, Texas Trial Court No. D34123CR MEMORANDUM OPINION In this matter, appellant, Michael David Williams, challenges the trial court’s denial of his pro se “motions for transcripts of prior mistrial.” The right of appeal in a criminal case is a statutorily-created right. See TEX. CODE CRIM. PROC. ANN. art. 44.02; see also Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002). Generally, a criminal defendant may only appeal from a final judgment. State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Because appellant is not appealing from a judgment of conviction or an otherwise appealable order, we have no jurisdiction. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (“’[T]he standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law.’” (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008))). We therefore dismiss this appeal for lack of jurisdiction. Appellant may file a motion for rehearing with this Court within fifteen days after the opinion and judgment are rendered. See TEX. R. APP. P. 49.1. If appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within thirty days after either this Court’s judgment was rendered or the day that last timely motion for rehearing was overruled by this Court. See id. at R. 68.2(a). TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Visiting Justice Davis1 Appeal dismissed Opinion delivered and filed June 16, 2021 Do not publish [CR25] 1 The Honorable Rex Davis, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003. Williams v. State Page 2