William Malone v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00131-CR ______________________________ WILLIAM MALONE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 30309-B Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM  OPINION William Malone has filed a notice of appeal in which he states that he is appealing from the trial court’s denial, on December 27, 2010, of his motion for review and/or motion for reconsideration of his conviction. The notice of appeal was filed February 2, 2011. His underlying conviction was seven years earlier, on February 27, 2004. The right to appeal is conferred by the Legislature. Rushing v. State, 85 S.W.3d 283, 286 (Tex. Crim. App. 2002). A party may appeal only that which the Legislature has authorized. 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); see Tex. R. App. P. 25.2(a), (b); Alvorado v. State, 83 S.W.3d 203, 205 (Tex. App.—Amarillo 2002, no pet.). The notice of appeal is not from a judgment of conviction. We have reviewed the motion at bar, and can find no authority permitting us to conclude that its denial 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 Jack Carter Justice Date Submitted: July 6, 2011 Date Decided: July 7, 2011 Do Not Publish