Opinion
No. 14-09-00156-CR
Opinion filed February 26, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from County Criminal Court at Law No. 11 Harris County, Texas, Trial Court Cause No. 5503.
Panel consists of Justices FROST, BROWN, and BOYCE.
MEMORANDUM OPINION
Appellant, Mai Khanh Tran, appeals a conviction for failure to signal a right turn. See Tex. Trans. Code Ann. § 544.104(b). Tran pleaded "not guilty" in the municipal court. The court found her guilty and assessed her punishment at a $75.00 fine. Tran's motion for new trial was denied and she appealed to the County Criminal Court at Law. The Harris County Criminal Court at Law No. 11 affirmed Tran's conviction. Initially, we must decide whether we have jurisdiction to entertain this appeal. We find we do not and dismiss Tran's appeal. Unless the appellant raises the constitutionality of the statute or ordinance on which the conviction is based, we only have jurisdiction over such an appeal if the fine assessed against the defendant exceeds $100 and the municipal court judgment is affirmed by the county criminal court at law. See Tex. Code Crim. Proc. art. 4.03; Tex. Gov't Code Ann. § 30.00688. No such issue has been raised by Tran on appeal. Accordingly, we lack jurisdiction because the monetary fine does not exceed $100, exclusive of costs. See Boyd v. State, 11 S.W.3d 324, 325 (Tex.App.-Houston [14th Dist.] 1999, no pet.). Accordingly, the appeal is dismissed.