COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00560-CR
Gregory Scott Mizer § From County Criminal Court No. 4
§ of Denton County (CA-2012-00001-
CCA)
v. § February 28, 2013
§ Per Curiam
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00560-CR
GREGORY SCOTT MIZER APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY
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MEMORANDUM OPINION1
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Gregory Scott Mizer appeals from an order of County Criminal Court
Number Four of Denton County dismissing his appeal of a municipal court
conviction for failing to follow the requirements of sections 30.00020 and
30.00021 of the Government Code. Tex. Gov’t Code Ann. §§ 30.00020,
30.00021 (West Supp. 2012).
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See Tex. R. App. P. 47.4.
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Section 30.00027(a) of the Government Code provides that this court has
jurisdiction over this appeal if either “(1) the fine assessed against the defendant
exceeds $100 and the judgment is affirmed by the appellate court [County
Criminal Court Number Four] or (2) the sole issue is the constitutionality of the
statute or ordinance on which a conviction is based.” Id. § 30.00027(a) (West
Supp. 2012). This statute limits our jurisdiction of appeals from county criminal
court appellate decisions to the specific situations set forth in the statute. Tex.
Vital Care v. State, 323 S.W.3d 609, 612 (Tex. App.––Texarkana 2010, no pet.);
see also State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011)
(orig. proceeding) (“[I]n Texas, appeals by either the State or the defendant in a
criminal case are permitted only when they are specifically authorized by
statute.”).
The State filed a motion to dismiss this appeal for lack of jurisdiction,
claiming that the appeal does not fit either scenario. Appellant responded,
contending that he challenged the constitutionality of the ordinances he was
convicted of violating at trial and that, notwithstanding the plain language of
section 30.00027(a), this court has jurisdiction to review the county court’s order.
Here, the county court did not affirm the municipal court’s decision; it
dismissed the appeal. As a result, the sole issue on appeal could not be the
constitutionality of the ordinance because this court, in reviewing the county
court’s order, would necessarily have to determine whether it was correct in
dismissing the case for procedural irregularities; the county court never passed
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on the merits of the constitutional question. Accordingly, under the plain
language of section 30.00027, this court does not have jurisdiction to hear the
appeal. See Tex. Gov’t Code Ann. § 30.00027(a); Tex. Vital Care, 323 S.W.3d
at 612; see also State v. Blackshere, 344 S.W.3d 400, 404 (Tex. Crim. App.
2011) (holding that State could not appeal ruling on motion to suppress after
jeopardy had attached because plain language of statute limited right of appeal
to rulings made before jeopardy attaches).
We dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 28, 2013
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