TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00708-CR

Mike Cruz Garza, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT NOS. 7114 & 7115, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

In 2001, Mike Cruz Garza was convicted of intoxication manslaughter and aggravated assault. The convictions were affirmed and are now final. Garza v. State, Nos. 03-01-00423-CR & 03-01-00424-CR, 2002 Tex. App. LEXIS 6274 (Tex. App.—Austin 2002, pet. ref’d) (not designated for publication).

Garza filed a motion in the district court asking that he be provided a free copy of the trial record. The motion was overruled on October 7, 2005. Caldwell then filed a notice of appeal.

This Court does not have jurisdiction except as expressly granted by law. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). Garza’s notice of appeal does not invoke this Court’s appellate jurisdiction.

The appeal is dismissed.

__________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices Pemberton and Waldrop Dismissed for Want of Jurisdiction Filed: November 18, 2005 Do Not Publish