Bruce Hicks, Jr. v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00737-CR
Bruce Hicks, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 7TH DISTRICT COURT OF SMITH COUNTY
NO. 007-0774-18, THE HONORABLE KERRY L. RUSSELL, JUDGE PRESIDING
MEMORANDUM OPINION
On October 14, 2019, appellant Bruce Hicks, Jr., filed a notice of appeal of a
judgment of conviction for delivery of a controlled substance of 400 grams or more out of Smith
County, Texas, that was entered on September 27, 2018,
The criminal appellate jurisdiction vested in this Court by the Texas Constitution
and the Code of Criminal Procedure is limited to counties in this Court’s appellate district. See
Tex. Const., Art. V, § 6 (providing that courts of appeals “shall have appellate jurisdiction co-
extensive with the limits of their respective districts, which shall extend to all cases of which the
District Courts or County Courts have original or appellate jurisdiction, under such restrictions
and regulations as may be prescribed by law”); Tex. Code Crim. Proc. arts. 4.01 (establishing
criminal jurisdiction in criminal actions in courts of appeals), 4.03 (providing that 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”). Smith County
lies outside this Court’s district. See Tex. Gov’t Code § 22.201(d) (listing counties in Third
Court’s district), (m) (including Smith County in list of counties in Twelfth Court’s district).
Thus, because Smith County lies outside of our district, we have no appellate jurisdiction in this
matter. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Melissa Goodwin, Justice
Before Justices Goodwin, Kelly, and Smith
Dismissed for Want of Jurisdiction
Filed: January 15, 2020
Do Not Publish
2