Christopher D. Davis v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-03-00021-CR ______________________________ CHRISTOPHER DAVIS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 102nd Judicial District Court Bowie County, Texas Trial Court No. 96-F-10-102 Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Christopher Davis has filed a notice of appeal. He states in his notice that he is appealing from an order signed on December 16, 2002, by Judge John Miller of the 102nd Judicial District Court of Bowie County. In that order, Judge Miller denied Davis's motion to withdraw his plea of guilty. The plea was entered on May 2, 1996. The right to appeal is conferred by the Legislature. See Rushing v. State, 85 S.W.3d 283, 286 (Tex. Crim. App. 2002). A party may appeal only that which the Legislature has authorized. See Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993); Galitz v. State, 617 S.W.2d 949, 951 (Tex. Crim. App. 1981). Appellate jurisdiction is invoked by giving timely and proper notice of appeal. State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000). Notice of appeal is sufficient if it is in writing and shows the party's desire to appeal from the judgment or appealable order. See Tex. R. App. P. 25.2(a), (b); Alvorado v. State, 83 S.W.3d 203, 205 (Tex. App.-Amarillo 2002, no pet. h.). The notice of appeal is not from a judgment of conviction. We have reviewed the order at bar and can find no authority permitting us to conclude that it is a type of order which the Legislature has set out as being appealable. We therefore have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction. Jack Carter Justice Date Submitted: January 23, 2003 Date Decided: January 24, 2003 Do Not Publish