100 100 84 00 v. << (2011)

Court of Appeals of Texas, Waco.

However, an 4 5 6 7 appellant's right to appeal to our court from a municipal court judgment affirmed below is limited by statute.4 An appellant may only appeal to this court from a municipal court of record's judgment affirmed below if the judgment assesses a fine exceeding $100.5 The plain language of the statute does not include the term “costs” within the amount that must exceed $100.6 The admittedly poorly worded judgment of the municipal court assesses a fine of at most $84.00 against Appellant. Consequently, Appellant has no right to appeal to this court.7 We therefore grant the State's motion in part, deny Appellant's pending motion as moot, and dismiss this appeal.

NO. 02–11–00104–CR

Decided: May 20, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

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

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

DELIVERED: May 19, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.

FN4. See Tex. Gov't Code Ann. § 30.00027(a).. FN4. See Tex. Gov't Code Ann. § 30.00027(a).

FN5. See id.; see also Alexander v. State, 240 S.W.3d 72, 75–76 (Tex.App.—Austin 2007, no pet.).. FN5. See id.; see also Alexander v. State, 240 S.W.3d 72, 75–76 (Tex.App.—Austin 2007, no pet.).

FN6. See Tex. Gov't Code Ann. § 30.00027(a); see also Prudholm v. State, 333 S.W.3d 590, 594 n.16 (Tex.Crim.App.2011) (citing Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991), for proposition that we give effect to plain language of a statute unless it would lead to absurd results).. FN6. See Tex. Gov't Code Ann. § 30.00027(a); see also Prudholm v. State, 333 S.W.3d 590, 594 n.16 (Tex.Crim.App.2011) (citing Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991), for proposition that we give effect to plain language of a statute unless it would lead to absurd results).

FN7. See Tex. Gov't Code Ann. § 30.00027(a).. FN7. See Tex. Gov't Code Ann. § 30.00027(a).

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