Bruce Egrim Joseph v. State

Opinion issued May 26, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00220-CR

____________

BRUCE EGRIM JOSEPH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 05DCR043408A

MEMORANDUM OPINION

          We dismiss this appeal for lack of jurisdiction. Appellant Bruce Egrim Joseph purports to appeal the trial court’s denial of Joseph’s request for a court of inquiry pursuant to Article 52.01 of the Texas Code of Criminal Procedure.  See Tex. Code Crim. P. Ann. Art. 52.01, et. seq. (Vernon 2009).  Chapter 52, however, does not provide for an appeal from an order denying a court of inquiry.  See id; see also In re Court of Inquiry, 148 S.W.3d 554, 555 (Tex. App.—El Paso 2004, no pet.) (holding that court of appeals lacks jurisdiction over court of inquiry denial).  A party may appeal only that which the Legislature has authorized. Olowosuko v. State, 826 S.W.2d 940, 941 (Tex. (Tex. Crim. App. 1992). Because the Legislature has not authorized an appeal from a court of inquiry, we hold that we lack jurisdiction over the appeal.  We, therefore, dismiss the appeal for lack of jurisdiction.

All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish. Tex. R. App. P. 47.2(b).