Gavin Blades v. State ( 2013 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00053-CR
____________________
GAVIN BLADES, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the County Court at Law No. 5
Montgomery County, Texas
Trial Cause No. 12-277932
________________________________________________________ _____________
MEMORANDUM OPINION
Gavin Blades filed a notice of appeal from the denial of a motion to dismiss
an information. We questioned our jurisdiction, and the State filed a response
suggesting that no appealable order has been signed. Blades filed a response, but
failed to establish that the ruling about which he complains may be appealed at this
time.
In this state, an appeal in a criminal case must be specifically authorized by
statute, and a court of appeals lacks 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). Blades argues the trial court’s order
effectively denied him entry into a pretrial diversion program, and he suggests the
order is appealable in the same manner as a deferred adjudication community
supervision order. See, e.g., Dillehey v. State, 815 S.W.2d 623, 626 (Tex. Crim.
App. 1991). Blades has not shown that the trial court signed a deferred
adjudication order. See generally Tex. Code Crim. Proc. Ann. art. 42.12, § 5
(West Supp. 2012). The appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
________________________________
CHARLES KREGER
Justice
Opinion Delivered March 13, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.