Edward A. Kohler v. State ( 2006 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-06-00520-CR

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Edward A. Kohler, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 29,744, HONORABLE JOE CARROLL, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

Edward A. Kohler is in prison, apparently serving the sentence imposed at his 1981 trial for aggravated sexual assault. On July 6, 2006, the Honorable Joe Carroll wrote a letter to Kohler informing him that his request for a bench warrant was denied. On August 1, Judge Carroll wrote a letter to Kohler telling him that his request for a phone conference was denied. On August 15, Kohler filed a pro se notice of appeal from these orders.

As a general rule, this Court has criminal appellate jurisdiction only from judgments of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). We do not have jurisdiction except as expressly granted by law. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.--Fort Worth 1996, no pet.). We have found no statute that vests this Court with jurisdiction over a direct appeal from the orders in question.

In the absence of an appealable order, the appeal is dismissed.

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Bea Ann Smith, Justice

Before Justices B. A. Smith, Pemberton and Waldrop

Dismissed for Want of Jurisdiction

Filed: October 18, 2006

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