Kyle Lee Bradshaw v. State of Texas

DISMISS; and Opinion Filed December 6, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00960-CR
KYLE LEE BRADSHAW, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 17-90166-86-F
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Myers
Opinion by Justice Lang-Miers
Kyle Lee Bradhaw, who has not been convicted or finally sentenced, filed a notice of
appeal, seeking to challenge the trial court’s denial of his pretrial motion to suppress. We do not
have jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has
been expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Ex
parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Although the State may appeal an
order granting a pretrial motion to suppress evidence, see TEX. CODE CRIM. PROC. ANN. art.
44.01(a)(5), no corresponding provision entitles a defendant to appeal the denial of such a motion.
See id. art. 44.02; Dahlem v. State, 322 S.W.3d 685, 690–91 (Tex. App.—Fort Worth 2010, pet.
ref’d) (noting pretrial order on motion to suppress is interlocutory ruling that is not appealable by
defendant).
We dismiss this appeal for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
180960F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KYLE LEE BRADSHAW, Appellant On Appeal from the 86th Judicial District
Court, Kaufman County, Texas
No. 05-18-00960-CR V. Trial Court Cause No. 17-90166-86-F.
Opinion delivered by Justice Lang-Miers.
STATE OF TEXAS, Appellee Justices Fillmore and Myers participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 6th day of December, 2018.
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