Opinion issued October 11, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00137-CR
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JAWAID PARKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case No. 1435056
MEMORANDUM OPINION
Appellant, Jawaid Parker, attempts to appeal from the trial court’s order that
granted the State’s motion for continuance. We dismiss the appeal.
The record reflects that the trial court granted the State’s motion for
continuance on January 19, 2016. Appellant filed a notice of appeal from the trial
court’s order granting the State’s motion for continuance on February 11, 2016.
The right to appeal in a criminal case is a statutorily created right. TEX. CODE
CRIM. PROC. ANN. art. 44.02 (West 2006); Bayless v. State, 91 S.W.3d 801, 805 (Tex.
Crim. App. 2002). Generally, a criminal defendant may only appeal from a final
judgment. State v. Sellers, 790 S.W. 2d 316, 321 n. 4 (Tex. Crim. App. 1990). The
courts of appeals do not have jurisdiction to review interlocutory orders in a criminal
appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794
(Tex. Crim. App. 1991); Means v. State, 825 S.W.2d 260, 260–61 (Tex. App.—
Houston [1st Dist.] 1992, no pet.). The granting of a motion for continuance is not
a separately appealable order. See Apolinar, 820 S.W.2d at 794 (courts of appeals
do not have jurisdiction to review interlocutory orders absent express statutory
authority).
On August 4, 2016, we notified appellant that his appeal was subject to
dismissal for want of jurisdiction unless he filed a written response showing how
this Court has jurisdiction over this appeal. Appellant did not adequately respond.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss all pending motions as moot.
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PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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