Philemon Johnson v. the State of Texas

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Do Not Publish JUSTICE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)

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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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