DISMISS; Opinion Filed September 21, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-00222-CR

DANIEL MORGAN CROW, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Grayson County, Texas

Trial Court Cause No. 2019-1-0957

MEMORANDUM OPINION

Before Justices Myers, Nowell, and Evans

Opinion by Justice Nowell

Daniel Morgan Crow was convicted in the Van Alstyne Municipal Court of 

the traffic offense of speeding and assessed a $224 fine. He appealed to Grayson 

County Court at Law. Following a de novo trial before the court, appellant was 

again convicted and assessed a $100 fine. Appellant then filed a pro se notice of

appeal of the judgment of the Grayson County Court at Law.

The reporter’s record, due April 13, 2020, was not filed. We notified court 

reporter Deana West and directed her to file the (1) reporter’s record, (2) written 

verification no hearings were recorded, or (3) written verification appellant had not 
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requested the reporter’s record. On April 17, 2020, Ms. West confirmed she reported 

the nonjury trial, but that appellant had not requested the reporter’s record. We then 

notified appellant by letter dated April 20, 2020 and directed him to provide the 

Court with (1) notice that appellant requested preparation of the reporter’s record,

and (2) written verification that he paid or made arrangements to pay the reporter’s 

fee documentation or that he had been found to be entitled to proceed without 

payment of costs. We cautioned appellant the failure to do so would result in the 

appeal being submitted without the reporter’s record. Appellant did not respond, and 

we ordered the appeal submitted without the reporter’s record. We also ordered 

appellant’s brief filed June 10, 2020. When it was not filed, we directed appellant to 

file his brief and an extension motion by June 25, 2020. On August 5, 2020, we 

ordered appellant to file his brief by August 17, 2020, cautioning him that the failure 

to do so would result in the Court taking whatever action it deemed appropriate, 

including dismissing his appeal. Appellant has not responded to the Court’s letters 

or orders.

When a case arising in the justice or municipal courts is appealed to the county 

court, county criminal court, or county court at law, and the fine imposed by that 

court does not exceed $100, this Court lacks jurisdiction “unless the sole issue is the 

constitutionality of the statute or ordinance on which the conviction is based.” TEX.

CODE CRIM. PROC. ANN. art. 4.03; Montpas v. State, 997 S.W.2d 650, 651 (Tex. 

App.––Dallas 1999, no pet.) (quoting article 4.03); Marzett v. State, No. 05–15–
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00147–CR, 2016 WL 1679744, at *1 (Tex. App.––Dallas Apr. 25, 2016, no pet.) 

(mem. op., not designated for publication). 

The record in this case shows appellant appealed his conviction by the Van 

Alstyne Municipal Court to the Grayson County Court at Law, where he was 

convicted in a trial de novo and fined $100. Because his fine does not exceed $100, 

we would have jurisdiction over his appeal only if he challenged the constitutionality 

of a statute or ordinance on which his conviction was based. By not filing a brief

raising a constitutional challenge, appellant has failed to invoke our jurisdiction.

We dismiss this appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47.2(b)

200222F.U05

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DANIEL MORGAN CROW, 

Appellant

No. 05-20-00222-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at 

Law, Grayson County, Texas

Trial Court Cause No. 2019-1-0957.

Opinion delivered by Justice Nowell. 

Justices Myers and Evans 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want 

of jurisdiction. 

Judgment entered this 21st day of September, 2020.