Tony Omar Garces, Jr. v. the State of Texas ( 2022 )


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  •                            In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    No. 07-22-00331-CR
    No. 07-22-00332-CR
    No. 07-22-00333-CR
    No. 07-22-00334-CR
    No. 07-22-00335-CR
    No. 07-22-00336-CR
    No. 07-22-00337-CR
    No. 07-22-00338-CR
    No. 07-22-00339-CR
    TONY OMAR GARCES, JR., APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the Municipal Court for the City of Amarillo, Texas
    Trial Court Nos. MC045246-02; MC045246-03; MC045247-01; MC045248-01;
    MC045249-01; MC045251-01; MC045252-01; MC045250-01; and MC045249-02;
    Honorable Laura Hamilton, Presiding
    December 14, 2022
    MEMORANDUM OPINION
    Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
    Appellant, Tony Omar Garces, Jr., filed a notice of appeal with this Court seeking
    to appeal nine orders issued by the Amarillo Municipal Court in nine separate trial court
    causes. This Court does not have appellate jurisdiction to review these municipal court
    orders by direct appeal, however. See In re 2600 E. Amarillo Boulevard Gambling
    Paraphernalia & Proceeds, No. 07-19-00259-CV, 
    2019 Tex. App. LEXIS 6960
    , at *1–2
    (Tex. App.—Amarillo Aug. 8, 2019, no pet.) (mem. op.) (per curiam). Rather, an appellant
    must appeal a municipal court judgment to a municipal court of appeal or the county
    courts. See TEX. GOV’T CODE ANN. § 30.00014(a); Scheidt v. State, 
    101 S.W.3d 798
    , 799
    (Tex. App.—Amarillo 2003, no pet.) (finding that an appellant is “entitled to appeal from
    the Amarillo Municipal Court of Record to either the county court at law of Randall County
    or those of Potter County”); see also TEX. GOV’T CODE ANN. § 30.00027(a) (providing that
    appellate courts have jurisdiction to review a municipal court judgment only if (1) the fine
    assessed exceeds $100 and the judgment is affirmed by the county court; or (2) the sole
    issue is the constitutionality of the statute or ordinance on which a conviction is based).
    By letter of November 14, 2022, we directed Garces to show how we have
    jurisdiction over the appeals. Garces has filed a response but has not shown grounds for
    continuing the appeals.
    Because we are without jurisdiction to review the municipal court’s orders, we
    dismiss the appeals for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
    Per Curiam
    Do not publish.
    2
    

Document Info

Docket Number: 07-22-00338-CR

Filed Date: 12/14/2022

Precedential Status: Precedential

Modified Date: 12/15/2022