Daniel Lee Schinzing v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00148-CR

No. 10-06-00149-CR

Daniel Lee Schinzing,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court Nos T200501480 and T200501481

MEMORANDUM  Opinion

          Daniel Lee Schinzing was convicted in municipal court of two charges of failure to appear.  See Tex. Pen. Code Ann. § 38.10(a), (e) (Vernon 2003).  He appealed to the statutory county court where he was again convicted following a trial de novo before the court.  The court assessed Schinzing’s punishment at a $100 fine in each case.  Schinzing claims in his sole issue in each appeal that these convictions are improper because he was not charged by indictment or information.

          Article 4.03 of the Code of Criminal Procedure provides in pertinent part that this Court does not have jurisdiction in such a case if the fine imposed by the statutory county court “does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.”  Tex. Code Crim. Proc. Ann. art. 4.03 (Vernon 2005).

          The fines imposed in these cases do not exceed $100 and Schinzing is not challenging the constitutionality of section 38.10 of the Penal Code, on which his convictions are based. Therefore, we dismiss these appeals for want of jurisdiction.[1] See Preston v. State, 145 S.W.3d 683, 684 (Tex. App.—Corpus Christi 2004, no pet.); Boyd v. State, 11 S.W.3d 324, 325 (Tex. App.—Houston [14th Dist.] 1999, no pet.).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeals dismissed

Opinion delivered and filed May 2, 2007

Do not publish

[CR25]

---

[1]           Schinzing’s appeals in cause nos. 10-06-146-CR and 10-06-147-CR remain pending because the fines in those cases exceed $100.