Ross Thomas Brantley III v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00368-CR
___________________________
ROSS THOMAS BRANTLEY III, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1
Tarrant County, Texas
Trial Court No. 1456461D
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Ross Thomas Brantley III, appearing pro se, attempts to appeal from
an “Order Of Dismissal” signed on September 20, 2019. We notified Brantley by
letter that it appeared that we lack jurisdiction over this matter because an order of
dismissal is not an appealable order, and we advised that we would dismiss this appeal
for want of jurisdiction unless he showed grounds for continuing the appeal. Brantley
filed a response, but it does not cite any authority granting us jurisdiction over this
appeal.
In criminal cases, unless expressly authorized by statute, appellate courts have
jurisdiction to review only final judgments. See Abbott v. State, 271 S.W.3d 694, 696–97
(Tex. Crim. App. 2008) (stating that the standard for determining jurisdiction is not
whether appeal is precluded by law but whether appeal is authorized by law); Ward v.
State, No. 12-19-00215-CR, 2019 WL 4296518, at *1 (Tex. App.—Tyler Sept. 11,
2019, no pet.) (mem. op., not designated for publication). An order dismissing an
indictment is not an order from which a defendant may appeal. Ward, 2019 WL
4296518, at *1; Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011,
pet. ref’d). There is no judgment of conviction in trial court cause number 1456461D;
thus, we have no jurisdiction to consider Brantley’s appeal in this case. We therefore
dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Ward, 2019
WL 4296518, at *1; Bohannan, 352 S.W.3d at 48.
Per Curiam
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Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: December 12, 2019
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