Jonathon M. Price v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00236-CR
Jonathon M. Price, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY
NO. 12-06087-1, THE HONORABLE MICKEY RAY PENNINGTON, JUDGE PRESIDING
MEMORANDUM OPINION
A jury in the justice of the peace court found appellant Jonathon M. Price guilty of
failure to wear a safety belt, a class C misdemeanor, and assessed his punishment at a $25 fine. See
Tex. Transp. Code § 545.413. Appellant appealed to the county court at law for a trial de novo. See
Tex. Code Crim. Proc. arts. 44.17, 45.042. In the county court at law, a jury likewise found appellant
guilty and this time assessed a $50 fine. Appellant attempts to appeal the county court at law
judgment. The State has filed a motion to dismiss this appeal for want of jurisdiction
In a criminal case, we do not have jurisdiction over a case which has been appealed
from any inferior court to the county court at law in which the fine imposed by the county court at
law does not exceed $100 unless the sole issue is the constitutionality of the statute on which the
conviction is based. See id. art. 4.03; Tex. Gov’t Code § 30.00027. Here, the fine imposed in the
county court at law was only $50. In his brief, appellant raises no points of error challenging the
constitutionality of the statute under which he was convicted.
Because appellant’s fine does not exceed $100 and he does not challenge the
constitutionality of the statute on which his conviction is based, we have no jurisdiction in this
matter. We therefore grant the State’s motion and dismiss this appeal for want of jurisdiction.
__________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Goodwin, and Field
Dismissed for Want of Jurisdiction
Filed: June 3, 2014
Do Not Publish
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