Daverne Foy v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00040-CR
Daverne Foy, Appellant
v.
The State of Texas, Appellee
FROM THE 390TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-19-301573, THE HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Daverne Foy, who has not been finally sentenced, seeks to appeal the
trial court’s order granting the State’s pretrial motion for continuance.
The standard for determining whether a Texas appellate court has jurisdiction in a
criminal case “is not whether the appeal is precluded by law, but whether the appeal is
authorized by law.” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2008). Because
this standard extends to interlocutory appeals, “courts of appeals do not have jurisdiction to
review interlocutory orders in criminal cases unless that jurisdiction has been expressly granted
by law.” Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). No such grant exists for
an appeal of an order granting a motion for continuance. See Parker v. State, No. 01-16-00137-
CR, 2016 Tex. App. LEXIS 11056, at *1 (Tex. App.—Houston [1st Dist.] Oct. 11, 2016, no pet.)
(mem. op.) (dismissing for want of jurisdiction defendant’s appeal from trial court’s grant of
State’s motion for continuance). Accordingly, we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 43.2(f).
__________________________________________
Chari L. Kelly, Justice
Before Justices Baker, Kelly, and Smith
Dismissed for Want of Jurisdiction
Filed: March 3, 2023
Do Not Publish
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