William McIntosh v. State ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00328-CR; No. 10-15-00329-CR
No. 10-15-00330-CR; No. 10-15-00331-CR
No. 10-15-00332-CR; No. 10-15-00333-CR
No. 10-15-00334-CR; No. 10-15-00335-CR
No. 10-15-00336-CR; No. 10-15-00337-CR
WILLIAM MCINTOSH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court Nos. 20084CR, 20085CR, 20086CR, 20087CR, 20379CR,
20380CR, 20381CR, 20382CR, 20383CR, and 20384CR
MEMORANDUM OPINION
William Arthur McIntosh appeals the trial court’s denial of McIntosh’s “First
Motion for Appointment of Counsel, for Habeas Corpus, Under Texas Fair Defense Act,
Article 1.051 V.A.C.C.P.” in ten separate cases. No law authorizes an appeal from such
a motion in a criminal case. See Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App.
2008) (standard for determining jurisdiction is not whether appeal is precluded by law,
but whether appeal is authorized by law); Everett v. State, 91 S.W.3d 386, 386 (Tex.
App.—Waco 2002, no pet.) (stating that court has jurisdiction over criminal appeals
only when expressly granted by law). See also McIntosh v. State, 2015 Tex. App. LEXIS
2183 (Tex. App.—Waco Mar. 5, 2015, no pet.) (same).
We have no jurisdiction of these appeals. Accordingly, these appeals are
dismissed.1
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals dismissed
Opinion delivered and filed October 15, 2015
Do not publish
[CR25]
1 A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See
TEX. R. APP. P. 49.1. If the 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 30 days
after either the day this Court’s judgment was rendered or the day the last timely motion for rehearing
was overruled by this Court. See TEX. R. APP. P. 68.2(a).
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