Nicholas Hoyt v. State ( 2019 )


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  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-19-00434-CR
    NICHOLAS HOYT,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 13th District Court
    Navarro County, Texas
    Trial Court No. D39232-CR
    MEMORANDUM OPINION
    Appellant Nicholas Hoyt appeals from the trial court’s interlocutory order
    denying his motion to suppress. The denial of a motion to suppress may not be appealed
    until after the final judgment is rendered. McKown v. State, 
    915 S.W.2d 160
    , 161 (Tex.
    App.—Fort Worth 1996, no pet.) (per curiam); see Apolinar v. State, 
    820 S.W.2d 792
    , 794
    (Tex. Crim. App. 1991) (“The courts of appeals do not have jurisdiction to review
    interlocutory orders unless that jurisdiction has been expressly granted by law.”).
    Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f).
    Notwithstanding that we are dismissing this appeal, Hoyt may file a motion for
    rehearing with this Court within 15 days after the judgment of this Court is rendered. See
    TEX. R. APP. P. 49.1. If Hoyt 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 is rendered or the day
    the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).
    REX D. DAVIS
    Justice
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Neill
    Appeal dismissed
    Opinion delivered and filed December 11, 2019
    Do not publish
    [CR25]
    Hoyt v. State                                                                          Page 2
    

Document Info

Docket Number: 10-19-00434-CR

Filed Date: 12/11/2019

Precedential Status: Precedential

Modified Date: 12/12/2019