Dewey Charles Behrens v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00374-CR
DEWEY CHARLES BEHRENS APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
----------
MEMORANDUM OPINION1
----------
Appellant Dewey Charles Behrens filed a notice of appeal from the trial
court’s pretrial order denying his special plea of double jeopardy. The State filed
a motion to dismiss the appeal, arguing that we lack jurisdiction. We do not have
jurisdiction over an interlocutory appeal from the denial of a special plea of
double jeopardy. Ex parte Apolinar, 820 S.W.2d 792, 793–94 (Tex. Crim. App.
1991); White v. State, No. 02-11-00015-CR, 2011 WL 582665, at *1 (Tex. App.—
1
See Tex. R. App. P. 47.4.
Fort Worth Feb. 17, 2011, no pet.) (mem. op., not designated for publication)
(―While a criminal defendant may file a special plea in order to assert a claim of
former jeopardy, . . . there is no statutory provision which grants us jurisdiction to
review the denial of a special plea before a final judgment has been rendered.‖).
Accordingly, we grant the State’s motion to dismiss and dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 1, 2012
2