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 2020-04

Kyle Damond Jones v. State of Texas ( 2020 )


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  • DISMISSED and Opinion Filed April 15, 2020
S  In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00435-CR
KYLE DAMOND JONES, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the County Court at Law
Rockwall County, Texas
Trial Court Cause No. C19-0973
MEMORANDUM OPINION
Before Chief Justice Burns and Justices Myers and Carlyle
Opinion by Chief Justice Burns
Kyle Damond Jones has appealed the trial court’s determination to issue a
warrant for his arrest. Appellant has also filed an emergency motion requesting
relief. Concluding we do not have jurisdiction, we deny the motion and dismiss the
appeal.
This Court may only review criminal appeals authorized by statute. Ragston
v. State,
    424 S.W.3d 49
    , 52 (Tex. Crim. App. 2014); see also TEX. CODE CRIM. PROC.
ANN. art. 44.02 (authorizing defendant’s right to appeal “under the rules hereinafter
prescribed”). Generally, criminal defendants may appeal only from final judgments.
See State v. Sellers,
    790 S.W.2d 316
    , 321 n.4 (Tex. Crim. App. 1990). Unless a
statute expressly grants a right of appeal, interlocutory orders are not appealable. See
    Ragston, 424 S.W.3d at 52
    ; Apolinar v. State,
    820 S.W.2d 792
    , 794 (Tex. Crim.
App. 1991).
In this case, appellant’s appeal comes at a preliminary stage of the
proceedings. The trial court’s determination to issue an arrest warrant is neither a
final judgment nor an appealable interlocutory order. See Wright v. State,
    969 S.W.2d 588
    , 589 (Tex. App.—Dallas 1998, no pet.) (listing appealable interlocutory
orders and concluding determination to revoke bond not appealable); Bridle v. State,
    16 S.W.3d 906
    , 908 n.1 (Tex. App.—Fort Worth 2000, no pet.) (listing appealable
interlocutory orders). Thus, we have no jurisdiction to consider appellant’s appeal.
See
    Ragston, 424 S.W.3d at 52
    ;
    Apolinar, 820 S.W.2d at 794
    .
In the absence of jurisdiction, we must dismiss the appeal without taking
further action. See Chavez v. State,
    183 S.W.3d 675
    , 680 (Tex. Crim. App. 2006).
We deny appellant’s emergency motion for relief. We dismiss the appeal for want
of jurisdiction.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200435F.U05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KYLE DAMOND JONES, Appellant                On Appeal from the County Court at
Law, Rockwall County, Texas.
No. 05-20-00435-CR         V.               Trial Court Cause No. C19-0973.
Opinion delivered by Chief Justice
STATE OF TEXAS, Appellee                    Burns. Justices Myers and Carlyle
participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered April 15, 2020
–3–