John Spencer Barber, Jr. v. State of Texas--Appeal from County Court at Law No. 1 of Williamson County (Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 11-12-00208-CR

Case Date: 08/31/2012

Plaintiff: John Spencer Barber, Jr.

Defendant: State of Texas--Appeal from County Court at Law No. 1 of Williamson County (Per Curiam)

Preview:Opinion filed August 31, 2012

In The

Eleventh Court of Appeals
__________

Nos. 11-12-00207-CR & 11-12-00208-CR __________ JOHN SPENCER BARBER, JR., Appellant V. STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Williamson County, Texas Trial Court Cause Nos. 11-05640-1 & 11-05627-1

MEMORANDUM OPINION John Spencer Barber, Jr., has filed a pro se notice of appeal in each case from an order of the trial court denying Barber's motion to quash. Upon receiving and filing the clerk's records, the clerk of this court notified Barber by letter dated July 23, 2012, that it did not appear that this court had jurisdiction over these appeals. We notified Barber that the appeals were subject to dismissal and requested that he respond in writing and show grounds to continue these appeals. Barber has filed appropriate responses, but he has not shown grounds to continue these appeals. The records show that Barber filed his notices of appeal on June 19, 2012. In each notice of appeal, Barber specifically stated that he was appealing "from the trial court's May 22, 2012, order denying the motion to quash the information." The orders denying Barber's motion to

quash were pretrial interlocutory orders and were, thus, not final and appealable at the time the notices of appeal were filed. Courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). No such authorization has been made for an interlocutory appeal of an order denying a motion to quash. See Taylor v. State, 268 S.W.3d 752, 753, 755

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