in Re: Request for Court of Inquiry ( 2010 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-10-00191-CR
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IN RE: REQUEST FOR COURT OF INQUIRY
On Appeal from the 402th Judicial District Court
Wood County, Texas
Trial Court No. 12,169
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Ricky Williams attempts to appeal the ruling of the 402nd Judicial District Court of Wood
County denying his motion to convene a court of inquiry pursuant to Chapter 52 of the Texas Code
of Criminal Procedure. Because the Legislature has not provided a right of appeal, we dismiss
this appeal for want of jurisdiction.
A court of inquiry is a criminal proceeding authorized by and conducted according to
Chapter 52 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art.
52.01–.09 (Vernon 2006). When a district judge, acting in his capacity as magistrate, has
probable cause to believe an offense has been committed against the laws of this state, he may
request that the presiding judge of the administrative judicial district appoint a district judge to
commence a court of inquiry. TEX. CODE CRIM. PROC. ANN. art. 52.01(a). The appointed judge
may summon and examine any witness in relation to the offense in accordance with the procedural
rules established in Chapter 52. Id. If it appears from a court of inquiry an offense has been
committed, the judge shall issue a warrant for the arrest of the offender as if the complaint had
been made and filed. TEX. CODE CRIM. PROC. ANN. art. 52.08. Implicit in the denial of a motion
to convene a court of inquiry is a finding by the court presented with such a motion that no
probable cause existed that the complained-of offense had been committed. Chapter 52 does not
provide for an appeal from the judge’s determination. In re Court of Inquiry,
No. 06-10-00171-CR, 2010 WL 3894220 (Tex. App.––Texarkana Oct. 6, 2010, no pet. h.); In re
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Court of Inquiry, 148 S.W.3d 554, 555 (Tex. App.––El Paso 2004, no pet.). A party may appeal
only that which the Legislature has authorized. Olowosuko v. State, 826 S.W.2d 940, 941 (Tex.
Crim. App. 1992); McCarver v. State, 257 S.W.3d 512 (Tex. App.––Texarkana 2008, no pet.).
In the absence of statutory authorization for an appeal from the magistrate’s determination
made in connection with the court of inquiry, we conclude that Williams does not have a right of
appeal. Therefore, we dismiss the appeal for want of jurisdiction.
Bailey C. Moseley
Justice
Date Submitted: October 19, 2010
Date Decided: October 20, 2010
Do Not Publish
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