Ali Amjad v. State

Opinion issued June 16, 2011 In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-00638-CR ———————————— AMJAD ALI, Appellant V. The State of Texas, Appellee On Appeal from County Criminal Court at Law No. 14 Harris County, Texas County Appellate Cause No. 5557 MEMORANDUM OPINION Amjad Ali appeals a judgment convicting him for speeding.[1] Appellant pleaded not guilty. The jury found Ali guilty and assessed his punishment at a $100 fine. Ali appealed to a county court, which affirmed. Neither Ali nor the State has filed the reporter’s record or an appellate brief. Because the fine does not exceed $100 and Ali has not challenged the constitutionality of the statute, we dismiss for lack of jurisdiction. Background One afternoon, a police officer cited appellant for speeding at a rate of 76 miles per hour on a section of Interstate 45 in Houston, Texas, where the maximum lawful speed was 60 miles per hour. After a jury trial, the municipal court entered a judgment against Ali.[2] He appealed to the county court, which affirmed.[3] Ali filed this appeal, stating: Its [sic] true . . . that I don’t have any substantial evidence to prove my case but there is one thing which is a true evidence, which is the velocity detecting gun used by the officer at the time of occurrence. I request the honorable court to let me watch myself the recorded video and the gun in front of court. Analysis An appellate court lacks jurisdiction over an appeal if (1) the case has already been appealed from an inferior court to a county court, (2) the fine does not exceed $100, and (3) the sole issue on appeal is not the constitutionality of the statute or ordinance on which the conviction is based. Tex. Code Crim. Proc. Ann. art. 4.03 (West 2005). Because the imposed fine does not exceed $100 and Ali has failed to show that the constitutionality of a statute or ordinance is the sole issue on appeal, we dismiss this appeal for lack of jurisdiction. Resendez v. State, 738 S.W.2d 41, 42 (Tex. App.—Houston [1st Dist.] 1987, no pet.). Conclusion We dismiss for lack of jurisdiction. Harvey Brown Justice Panel consists of Justices Keyes, Higley, and Brown. Do not publish. Tex. R. App. P. 47.2(b). [1] See Tex. Transp. Code Ann. §§ 545.351 (West 1999), 545.352 (West Supp. 2010). [2] State v. Ali, No. 2009 TR 0100656 (Houston Mun. Ct. No. 12 Feb. 4, 2010). [3] Ali. v. State, No. 5557 (Co. Ct. at Law No. 14, Harris County, Tex. June 17, 2010).