DocketNumber: 03-02-00617-CR
Filed Date: 10/17/2002
Status: Precedential
Modified Date: 9/6/2015
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00617-CR Rhett Webster Pease, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY NO. 586435, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING Rhett Webster Pease filed a Anotice of interlocutory appeal@ seeking a determination by this Court as to Awhether or not the county court [at law] has any jurisdiction in this matter,@ a prosecution for resisting arrest. The notice states that the specific issue Pease seeks to address by this interlocutory appeal is Awhether or not de-facto officers can charge defendant with resisting arrest without warrant supported by affidavit.@ Courts of appeals do not have jurisdiction to consider interlocutory appeals unless that jurisdiction has been expressly granted by law. Apolinar v. State,820 S.W.2d 792
, 794 (Tex. Crim. App. 1991). There is no statutory provision granting a right to appeal the matter at issue here before a final judgment has been rendered. The appeal is dismissed for want of jurisdiction. David Puryear, Justice Before Chief Justice Aboussie, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: October 17, 2002 Do Not Publish 2