Robert Brice Daugherty v. State
06-16-00168-CR
| Tex. App. | Nov 4, 2016Background
- Robert Brice Daugherty was convicted of delivery of methamphetamine; sentence imposed February 11, 2015, and he pursued a direct appeal which was resolved on mandate in June 2016.
- On October 21, 2015, while his direct appeal was pending, Daugherty filed a motion asking the trial court to issue a records subpoena to the Lamar County Sheriff.
- The district clerk informed Daugherty the trial court lacked jurisdiction while the appeal was pending; after the direct appeal concluded, Daugherty asked the clerk to present the earlier motion to the trial court.
- On August 8, 2016, the trial court denied Daugherty’s motion for a records subpoena; Daugherty appealed that denial on September 9, 2016.
- The Court of Appeals questioned whether the August 8 order was appealable under Texas law because the Legislature generally authorizes criminal appeals only from written judgments of conviction.
- Daugherty did not respond to the court’s notice about the jurisdictional defect, and the court dismissed the appeal for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s August 8, 2016 order denying a records subpoena is appealable | Daugherty sought review of the denial of his records-subpoena motion (i.e., he appealed the order) | State argued (implicitly) that the order is not a statutorily authorized appealable criminal order | The court held it lacked jurisdiction because the Texas Legislature has generally authorized criminal appeals only from written judgments of conviction; the subpoena-denial order is not an authorized interlocutory appeal, so the appeal was dismissed for want of jurisdiction. |
Key Cases Cited
- Galitz v. State, 617 S.W.2d 949 (Tex. Crim. App. 1981) (appellate courts lack jurisdiction unless the Legislature has authorized the appeal)
- Gutierrez v. State, 307 S.W.3d 318 (Tex. Crim. App. 2010) (criminal appeals are generally limited to appeals from written judgments of conviction)
- Ex parte Shumake, 953 S.W.2d 842 (Tex. App.—Austin 1997) (no pet.) (reiterating limits on appealability in criminal cases)
- Wright v. State, 969 S.W.2d 588 (Tex. App.—Dallas 1998) (no pet.) (discussing limited exceptions to the general rule restricting criminal appeals)