Full text
Kyle Lee Bradshaw v. State of Texas
DISMISS; and Opinion Filed December 6, 2018.
In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00960-CR
KYLE LEE BRADSHAW, Appellant V. STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 17-90166-86-F
MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Myers Opinion by Justice Lang-Miers Kyle Lee Bradhaw, who has not been convicted or finally sentenced, filed a notice of
appeal, seeking to challenge the trial court’s denial of his pretrial motion to suppress. We do not have jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has been expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Ex parte Apolinar, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). Although the State may appeal an order granting a pretrial motion to suppress evidence, see TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5), no corresponding provision entitles a defendant to appeal the denial of such a motion. See id. art. 44.02; Dahlem v. State, 322 S.W.3d 685, 690–91 (Tex. App.—Fort Worth 2010, pet. ref’d) (noting pretrial order on motion to suppress is interlocutory ruling that is not appealable by defendant).
We dismiss this appeal for want of jurisdiction.
/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE
Do Not Publish TEX. R. APP. P. 47.2(b)
180960F.U05
–2–
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
KYLE LEE BRADSHAW, Appellant On Appeal from the 86th Judicial District Court, Kaufman County, Texas No. 05-18-00960-CR V. Trial Court Cause No. 17-90166-86-F. Opinion delivered by Justice Lang-Miers. STATE OF TEXAS, Appellee Justices Fillmore and Myers participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.
Judgment entered this 6th day of December, 2018.
–3–