Richard B. Stepp v. State

IN THE TENTH COURT OF APPEALS

No. 10-18-00289-CR No. 10-18-00290-CR

RICHARD B. STEPP, Appellant v.

THE STATE OF TEXAS, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 17-04264 and 17-04265

MEMORANDUM OPINION

Appellant Richard B. Stepp appeals from what he describes as “the judgment rendered by [the trial] court on August 15, 2018” in the underlying causes. In his notice of appeal, Stepp states that he is appealing pursuant to article 44.02 of the Code of Criminal Procedure “on those matters which have been raised by written motion filed prior to trial.” See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2018). However, no final judgment of conviction has been rendered in the underlying causes.

“The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law.” Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Texas courts have consistently construed article 44.02 to allow an appeal only “from a ‘final judgment [of conviction],’ though the statute does not contain this limitation on its face.” Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. dism’d) (mem. op.) (quoting Benford v. State, 994 S.W.2d 404, 408-09 (Tex. App.—Waco 1999, no pet.) (quoting State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990))). Accordingly, we dismiss these appeals for want of jurisdiction. See TEX. R. APP. P. 43.2(f).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeals dismissed Opinion delivered and filed September 26, 2018 Do not publish [CR25]

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