Court of Civil Appeals of Texas, 2024

Philemon Johnson v. the State of Texas

Philemon Johnson v. the State of Texas
Court of Civil Appeals of Texas · Decided August 28, 2024

Philemon Johnson v. the State of Texas

Opinion

Dismiss and Opinion Filed August 28, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00752-CR PHILEMON JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-84697-2022 MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Nowell Appellant appeals the pretrial denial of his motion to suppress and motion to reconsider the motion to suppress. Courts of appeals have jurisdiction over interlocutory appeals only where expressly granted by law. The pretrial denial of a motion to suppress is not an appealable pretrial order. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (per curiam); see also Faz v. State, No. 05-06-00540-CR, 2006 WL 1727758, at *1 (Tex. App.—Dallas June 26, 2006, no pet.) (per curiam).

Accordingly, we dismiss this appeal for want of jurisdiction.

240752f.u05 /Erin A. Nowell// ERIN A. NOWELL Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT PHILEMON JOHNSON, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-24-00752-CR V. Trial Court Cause No. 219-84697- 2022.

THE STATE OF TEXAS, Appellee Opinion delivered by Justice Nowell.

Justices Molberg and Kennedy participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction

Judgment entered this 28th day of August, 2024.

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