Battee v. State

• Decision Date: 19 May 2022
• Docket Number: 11-22-00088-CR
• Parties: LAFETTE LATRELLE BATTEE, Appellant v. THE STATE OF TEXAS, Appellee
• Court: Texas Court of Appeals

LAFETTE LATRELLE BATTEE, Appellant v. THE STATE OF TEXAS, Appellee

No. 11-22-00088-CR

Court of Appeals of Texas, Eleventh District

May 19, 2022

Do not publish. See Tex. R. App. P. 47.2(b).

On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 21290-B

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

MEMORANDUM OPINION

PER CURIAM

Appellant, Lafette Latrelle Battee, has filed a pro se notice of appeal from the trial court's order denying Appellant's motion for a speedy revocation hearing. We dismiss the appeal.

When this appeal was docketed, the clerk of this court wrote Appellant and informed him that it did not appear that the trial court had entered a final, appealable order. We requested that Appellant respond by May 2, 2022, and show grounds to continue this appeal. Appellant has not filed a response.

An appellate court has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction or as otherwise authorized by law. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). An appeal from an order denying a motion for speedy trial is not a final, appealable order, and "a defendant may not take an interlocutory appeal from a pretrial order denying a motion to dismiss because of an alleged violation of his right to a speedy trial." Ex parte Delbert, 582 S.W.2d 145, 146 (Tex. Crim. App. 1979).

Accordingly, we dismiss this appeal for want of jurisdiction.