Donald Walton v. State

IN THE
TENTH COURT OF APPEALS
No. 10-19-00220-CR
DONALD WALTON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. 15-23055
MEMORANDUM OPINION
Donald Walton appeals from the trial court’s denial of his “Motion to Perform
Discretionary Administrative Procedure under § 1.1 ‘The Law of Restitution’” and his
subsequent “Motion for Hearing.” Both motions were denied in the same order signed
by the trial court on June 5, 2019.
Jurisdiction must be expressly given to the courts of appeals. Ragston v. State, 424
S.W.3d 49, 52 (Tex. Crim. App. 2014); In re Ford, 553 S.W.3d 728, 731 (Tex. App.—Waco
2018, orig. proceeding). The standard for determining jurisdiction is not whether the
appeal is precluded by law, but whether the appeal is authorized by law. Abbott v. State,
271 S.W.3d 694, 696 (Tex. Crim. App. 2008); Ford, 553 S.W.3d at 731. We have not found
any rule or any statutory or constitutional provision that would authorize Walton’s
appeal from the trial court's June 5, 2019 order. Accordingly, the order is not appealable,
we have no jurisdiction to entertain Walton’s appeal, and the appeal must be dismissed.
Notwithstanding that this appeal must be dismissed, Walton may file a motion for
rehearing with this Court within 15 days after this opinion and judgments are rendered
if Walton believes this opinion and judgments are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Walton desires to have
the opinion and judgments of this Court reviewed by filing a petition for discretionary
review, that petition must be filed with the Court of Criminal Appeals within 30 days
after either the day this Court's judgments are rendered or the day the last timely motion
for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).
This appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal dismissed
Opinion delivered and filed August 21, 2019
Do not publish
[CR25]
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