Summary
dismissing appeal of court of inquiry denial for lack of jurisdiction
Summary of this case from Dunsmore v. StateOpinion
No. 01-11-00220-CR
Opinion issued May 26, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 268th District Court Fort Bend County, Texas, Trial Court Cause No. 05DCR043408A.
Panel consists of Justices JENNINGS, BLAND, and MASSENGALE.
MEMORANDUM OPINION
We dismiss this appeal for lack of jurisdiction. Appellant Bruce Egrim Joseph purports to appeal the trial court's denial of Joseph's request for a court of inquiry pursuant to Article 52.01 of the Texas Code of Criminal Procedure. See Tex. Code Crim. P. Ann. Art. 52.01, et. seq. (Vernon 2009). Chapter 52, however, does not provide for an appeal from an order denying a court of inquiry. See id; see also In re Court of Inquiry, 148 S.W.3d 554, 555 (Tex. App.-El Paso 2004, no pet.) (holding that court of appeals lacks jurisdiction over court of inquiry denial). A party may appeal only that which the Legislature has authorized. Olowosuko v. State, 826 S.W.2d 940, 941 (Tex. (Tex. Crim. App. 1992). Because the Legislature has not authorized an appeal from a court of inquiry, we hold that we lack jurisdiction over the appeal. We, therefore, dismiss the appeal for lack of jurisdiction. All pending motions are dismissed as moot.