COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00560-CR

Gregory Scott Mizer

v.

The State of Texas

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From County Criminal Court No. 4

of Denton County (CA-2012-00001-

CCA)

February 28, 2013

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

the appeal should be dismissed. It is ordered that the appeal is dismissed for 

want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
2

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00560-CR

GREGORY SCOTT MIZER APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY

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MEMORANDUM OPINION1

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Gregory Scott Mizer appeals from an order of County Criminal Court 

Number Four of Denton County dismissing his appeal of a municipal court 

conviction for failing to follow the requirements of sections 30.00020 and 

30.00021 of the Government Code. Tex. Gov’t Code Ann. §§ 30.00020, 

30.00021 (West Supp. 2012).

 

1See Tex. R. App. P. 47.4.
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Section 30.00027(a) of the Government Code provides that this court has 

jurisdiction over this appeal if either “(1) the fine assessed against the defendant 

exceeds $100 and the judgment is affirmed by the appellate court [County 

Criminal Court Number Four] or (2) the sole issue is the constitutionality of the 

statute or ordinance on which a conviction is based.” Id. § 30.00027(a) (West 

Supp. 2012). This statute limits our jurisdiction of appeals from county criminal 

court appellate decisions to the specific situations set forth in the statute. Tex. 

Vital Care v. State, 323 S.W.3d 609, 612 (Tex. App.––Texarkana 2010, no pet.); 

see also State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011)

(orig. proceeding) (“[I]n Texas, appeals by either the State or the defendant in a 

criminal case are permitted only when they are specifically authorized by 

statute.”).

The State filed a motion to dismiss this appeal for lack of jurisdiction, 

claiming that the appeal does not fit either scenario. Appellant responded, 

contending that he challenged the constitutionality of the ordinances he was 

convicted of violating at trial and that, notwithstanding the plain language of 

section 30.00027(a), this court has jurisdiction to review the county court’s order.

Here, the county court did not affirm the municipal court’s decision; it 

dismissed the appeal. As a result, the sole issue on appeal could not be the 

constitutionality of the ordinance because this court, in reviewing the county 

court’s order, would necessarily have to determine whether it was correct in 

dismissing the case for procedural irregularities; the county court never passed 
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on the merits of the constitutional question. Accordingly, under the plain 

language of section 30.00027, this court does not have jurisdiction to hear the 

appeal. See Tex. Gov’t Code Ann. § 30.00027(a); Tex. Vital Care, 323 S.W.3d 

at 612; see also State v. Blackshere, 344 S.W.3d 400, 404 (Tex. Crim. App. 

2011) (holding that State could not appeal ruling on motion to suppress after 

jeopardy had attached because plain language of statute limited right of appeal 

to rulings made before jeopardy attaches).

We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 

42.3(a), 43.2(f).

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: February 28, 2013