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Montes v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 23, 2003
No. 05-03-01564-CR (Tex. App. Oct. 23, 2003)

Opinion

No. 05-03-01564-CR

Opinion Filed October 23, 2003. Do Not Publish Tex.R.App.P. 47

On Appeal from the County Criminal Court No. 8, Dallas County, Texas, Trial Court Cause No. MA02-60400-J DISMISS

Before Justices Morris, O'Neill, and Lang


MEMORANDUM OPINION


Daniel A. Montes, Jr. stands charged with the offense of criminal trespass. The case has not yet been tried. Appellant, who is representing himself pro se, is attempting to appeal the trial court's order denying his motion for contempt and writ of attachment. The trial court's denial of a motion for contempt and writ of attachment is not a judgment of conviction, nor does it fall within the categories of appealable interlocutory orders. See Workman v. State, 343 S.W.2d 446, 447 (Tex.Crim.App. 1961); Wright v. State, 969b S.W.2d 588, 589-90 (Tex.App.-Dallas 1998, no pet.). Therefore, it is not an appealable order. Absent a judgment of conviction or other appealable order, we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. 031564F.U05

It appears the case is set for trial on November 3, 2003.


Summaries of

Montes v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 23, 2003
No. 05-03-01564-CR (Tex. App. Oct. 23, 2003)
Case details for

Montes v. State

Case Details

Full title:DANIEL MONTES, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 23, 2003

Citations

No. 05-03-01564-CR (Tex. App. Oct. 23, 2003)

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