Joseph W. Underwood v. State

Dismissed and Memorandum Opinion filed June 19, 2007 Dismissed and Memorandum Opinion filed June 19, 2007. In The Fourteenth Court of Appeals ____________ NO. 14-06-00763-CR ____________ JOSEPH W. UNDERWOOD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court at Law No. 12 Harris County, Texas Trial Court Cause No. 5455 M E M O R A N D U M   O P I N I O N Appellant, Joseph W. Underwood, appeals his conviction for speeding and assessment of a fine of $200. Appellant challenges the constitutionality of certain statutes that preclude an individual who holds a commercial driver=s license from enjoying the benefit of certain traffic violation dismissal procedures. We dismiss appellant=s appeal for want of jurisdiction. Appellant was charged with the offense of speeding. On February 28, 2005, appellant entered a plea of not guilty in a municipal court of record and was subsequently found guilty by a jury. Appellant appealed his conviction to the county criminal court, which determined that it lacked jurisdiction and dismissed his appeal.[1] An appellant has the right to appeal a municipal court of record judgment to the court of appeals if the fine assessed against the defendant exceeds $100 and if the judgment is affirmed by the county appellate court. Tex. Gov=t Code ' 30.00027(a). An appellant has a right to appeal only to the extent provided by statute. Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). Thus, an appellant=s right to appeal to this court from a municipal court of record judgment exists only when that judgment is affirmed by the county court.[2] In this case, instead of affirming the municipal court=s judgment, the county criminal court dismissed the appeal for lack of jurisdiction. Therefore, we have no jurisdiction over this appeal. See Tex. Gov=t Code ' 30.00027(a); Jamshedji v. State, No. 14‑05‑00551‑CR, 2006 WL 2035549 (Tex. App.CHouston [14th Dist.] July 20, 2006, no pet.) (op. on reh=g). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). /s/ Adele Hedges Chief Justice Judgment rendered and Memorandum Opinion filed June 19, 2007. Panel consists of Chief Justice Hedges and Justices Hudson and Guzman. Do Not Publish C Tex. R. App. P. 47.2(b). [1] The county criminal court determined that appellant failed to invoke the jurisdiction of that court because appellant did not timely file his appeal bond or notice of appeal as required by statute. [2] Appellant also has the right to appeal whether the county court properly dismissed his appeal. See Martin v. State, 171 Tex. Crim. 245, 346 S.W.2d 840 (1961). Appellant does not raise this issue here on appeal; rather, he only challenges the municipal court=s judgment.