In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00081-CR
CYRUS LUA GRAY III, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 22nd District Court
Hays County, Texas
Trial Court No. CR-18-0567-A, Honorable R. Bruce Boyer, Presiding
July 7, 2021
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Cyrus Lua Gray III, filed a notice of appeal, pro se, from the trial court’s
purported denial of his “motion for exculpatory evidence.”1 We dismiss the appeal for
want of jurisdiction.
1
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001
(West 2013).
In 2018, appellant was indicted for capital murder.2 He was appointed trial counsel,
but his counsel was later allowed to withdraw. Proceeding pro se, appellant filed a
“Motion for Exculpatory and Mitigating Evidence (Brady Material)” on October 19, 2020.
The clerk’s record does not contain a trial court order ruling on appellant’s motion or a
judgment of conviction.
We have jurisdiction to consider a criminal appeal from a judgment of conviction
or where expressly granted by law. McIntosh v. State, 110 S.W.3d 51, 52 (Tex. App.—
Waco 2002, order) (per curiam). Here, the record does not contain the purported trial
court order denying appellant’s motion for exculpatory evidence. Even if the trial court
had signed such an order, we have found no authority granting immediate appellate
review. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991) (holding that
appellate courts have jurisdiction to review interlocutory orders, such as pretrial rulings,
only where that jurisdiction has been expressly granted by law).
By letter of May 19, 2021, we directed appellant to file a response showing how
we have jurisdiction over this appeal. Appellant filed a response but has not
demonstrated grounds for continuing the appeal.
Because appellant has not presented this Court with a judgment of conviction or
appealable order for review, we dismiss the appeal for want of jurisdiction and deny
appellant’s request for appointed appellate counsel.
Per Curiam
Do not publish.
2 See TEX. PENAL CODE ANN. § 19.03(a)(2) (West 2019).
2