Gerald Stevens v. State
03-15-00676-CR
| Tex. App. | Dec 8, 2015Background
- Gerald Stevens was convicted in a Travis County justice court of speeding (Class C misdemeanor) on March 27, 2015, and fined $200.
- Stevens filed an appeal bond on April 10, 2015, seeking de novo review in the Travis County court-at-law.
- On June 5, 2015, Stevens filed a "Respondent’s Special Appearance and Plea to the Jurisdiction" in the county court-at-law, arguing lack of personal and subject-matter jurisdiction.
- The county court-at-law denied Stevens’s special appearance and plea to the jurisdiction; Stevens filed a notice of interlocutory appeal from that denial.
- The State moved to dismiss the interlocutory appeal, arguing the appellate court lacks jurisdiction because Stevens has not yet had a de novo trial in the county court-at-law and there is no final conviction or sentence in that court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the county court-at-law erred by refusing to dismiss the criminal case for lack of personal or subject-matter jurisdiction | Stevens argued the county court lacked personal and subject-matter jurisdiction and sought dismissal via special appearance/plea | The State argued the appeal is interlocutory and the appellate court lacks jurisdiction because Stevens has not had a trial de novo or been convicted/sentenced in the county court-at-law | The court is without jurisdiction to hear the interlocutory appeal; dismissal urged because no final judgment in county court-at-law yet |
Key Cases Cited
- Ex parte Apolinar, 820 S.W.2d 792 (Tex. Crim. App. 1991) (courts of appeals lack jurisdiction to review interlocutory criminal orders absent statutory authorization)
- Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014) (reiterating that interlocutory appeals in criminal cases require express statutory authorization)
- Workman v. State, 343 S.W.2d 446 (Tex. Crim. App. 1961) (appellate jurisdiction generally requires a judgment of conviction)
- McKown v. State, 915 S.W.2d 160 (Tex. App.—Fort Worth 1996) (pretrial denials like motions to suppress are not immediately appealable; appeal dismissed for lack of jurisdiction)