Glenn Franklin Anderson v. State ( 2007 )

Dismissed and Memorandum Opinion filed December 20, 2007

Dismissed and Memorandum Opinion filed December 20, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00813-CR

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GLENN FRANKLIN ANDERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Austin County, Texas

Trial Court Cause No. 06CR25886

M E M O R A N D U M   O P I N I O N

Appellant Glenn Franklin Anderson attempts to appeal his conviction for driving without a safety belt.  The trial court assessed a fifty-dollar fine.  Article 4.03 of the Texas Code of Criminal Procedure determines our jurisdiction in this matter.  It provides:

The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed. This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon 2005).  Appellant appealed from a municipal court to a county court at law and the county court at law imposed a fine that does not exceed one hundred dollars.  Appellant does not complain that the statute on which his conviction was based is unconstitutional.  We, therefore, have no jurisdiction over this appeal.

On November 7, 2007, the State filed a motion to dismiss the appeal because the fine imposed was less than $100.00.  On November 8, 2007, this court notified appellant that his appeal would be dismissed unless he filed a response stating why this court had jurisdiction.  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 20, 2007.

Panel consists of Justices Fowler, Frost, and Seymore.