Robert Brice Daugherty v. State, 06-16-00169-CR

Daugherty was convicted of possession with intent to deliver 4–200 grams of methamphetamine; sentence imposed Feb 11, 2015, and he pursued a direct appeal (06-15-00040-CR) decided Sept 3, 2015.
On Oct 21, 2015, while his direct appeal was pending, Daugherty filed a trial-court motion asking the court to issue a records subpoena to the Lamar County Sheriff.
The district clerk informed Daugherty that the trial court lacked jurisdiction to rule on the motion while the appeal was pending.
After the direct appeal concluded, Daugherty asked the clerk to present the 2015 motion; the trial court denied the motion by order dated Aug 8, 2016.
Daugherty filed a notice of appeal from the Aug 8, 2016 order; the Court of Appeals questioned its jurisdiction to hear the appeal.
The Court of Appeals notified Daugherty of the potential jurisdictional defect, received no response, and dismissed the appeal for want of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial-court order denying Daugherty’s request for a records subpoena is appealable	Daugherty sought review of the trial court’s Aug 8, 2016 denial (i.e., that order should be appealable)	The State implicitly argued (and court observed) that the Legislature has not authorized appeals from such interlocutory trial-court orders in criminal cases	The court held the order is not an appealable judgment under Texas law and dismissed the appeal for lack of jurisdiction

Galitz v. State, 617 S.W.2d 949 (Tex. Crim. App. 1981) (appeals exist only as authorized by the Legislature)
Gutierrez v. State, 307 S.W.3d 318 (Tex. Crim. App. 2010) (criminal appeals generally limited to written judgments of conviction)
Ex parte Shumake, 953 S.W.2d 842 (Tex. App.—Austin 1997) (no pet.) (same principle limiting criminal appeals)
Wright v. State, 969 S.W.2d 588 (Tex. App.—Dallas 1998) (no pet.) (noting limited exceptions to general non-appealability rule)