APPELLANT

APPELLEE

PER CURIAM

On appeal by trial de novo from justice court, appellant was convicted of driving without a seat belt. Tex. Rev. Civ. Stat. Ann. art. 6701d, § 107C (West Supp. 1993). The punishment is a $50 fine.

This Court has jurisdiction in this cause only if the sole issue is the constitutionality of section 107C. Tex. Code Crim. Proc. Ann. art. 4.03 (West Supp. 1993). Appellant's two points of error do not challenge the constitutionality of the statute, but instead assert that the complaint failed to state an offense. Under the circumstances, this Court is without jurisdiction.

The appeal is dismissed.

Before Justices Powers, Jones and Kidd

Appeal Dismissed

Filed: October 6, 1993

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