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                                                           In
  The
                                                  Court
  of Appeals
                          Sixth
  Appellate District of Texas at Texarkana
   
                                                  ______________________________
   
                                                               No. 06-10-00171-CR
                                                  ______________________________
   
   
   
                                                              IN RE:
  COURT OF INQUIRY
   
   
                                                                                                    
  
   
   
                                         On Appeal from the Fifth
  Judicial District Court
                                                                Cass County, Texas
                                                            Trial Court
  No. 08-C-563
   
                                                          
                                            
   
   
   
                                            Before Morriss, C.J.,
  Carter and Moseley, JJ.
                                                            Opinion by Justice Carter
  
  
  
  
                                                                     O P I N I O N
   
              John Wayne
  Charleston attempts to appeal the ruling of the Fifth Judicial District Court
  of Cass County made in connection with a court of inquiry conducted pursuant to
  Chapter 52 of the Texas Code of Criminal Procedure.  Because the Legislature has not provided a
  right of appeal, we dismiss this appeal for want of jurisdiction.
              On April 14,
  2010, the Fifth Judicial District Court convened a court of inquiry to
  investigate whether the assistant district attorney of Cass County had modified
  the indictment entered in the cause.  On
  June 1, 2010, the court found there was no modification or fraudulent
  alteration of the indictment and dissolved the court of inquiry.  That is the order from which Charleston
  appeals.
              A court of
  inquiry is a criminal proceeding authorized by and conducted according to
  Chapter 52 of the Texas Code of Criminal Procedure.  See
  Tex. Code Crim. Proc. Ann. art.
  52.01–.09 (Vernon 2006).  When a district
  judge, acting in his capacity as magistrate, has probable cause to believe that
  an offense has been committed against the laws of this state, he or she may
  request that the presiding judge of the administrative judicial district
  appoint a district judge to commence a court of inquiry.  Tex.
  Code Crim. Proc. Ann. art. 52.01(a).[1]  The appointed judge may summon and examine
  any witness in relation to the offense in accordance with the procedural rules
  established in Chapter 52.  Id. 
  If it appears from a court of inquiry that an offense has been
  committed, the judge shall issue a warrant for the arrest of the offender as if
  the complaint had been made and filed.  Tex. Code Crim. Proc. Ann. art.
  52.08.  However, Chapter 52 does not
  provide for an appeal from the judge’s determination.  In re
  Court of Inquiry, 148 S.W.3d 554, 555 (Tex. App.—El Paso 2004, no
  pet.).  A party may appeal only that
  which the Legislature has authorized.  Olowosuko v. State, 826 S.W.2d 940, 941
  (Tex. Crim. App. 1992); McCarver v.
  State, 257 S.W.3d 512 (Tex. App.—Texarkana 2008, no pet.).
              In the
  absence of statutory authorization for an appeal from the magistrate’s
  determination made in connection with the court of inquiry, we conclude that
  Charleston does not have a right of appeal. 
  Therefore, we dismiss the appeal for want of jurisdiction.
   
   
   
                                                                                      Jack
  Carter
                                                                                      Justice
   
  Date Submitted:          October
  5, 2010          
  Date Decided:             October
  6, 2010
   
  Publish            
   
              
              
   
   
  
  
  
  
  [1]A
  court of inquiry is authorized when a judge of a district court has probable
  cause to believe that an offense has been committed.  Before requesting the appointment of a judge
  to conduct a court of inquiry, the judge must file a sworn affidavit stating the
  substantial facts establishing probable cause that a specific offense has been
  committed.  Tex. Code Crim. Proc. Ann. art. 52.01(b)(1).  Here, the judge appointed to conduct the
  court of inquiry implicitly found that no such affidavit was filed; therefore,
  Charleston did not have standing to raise or file such a complaint.  We agree. 
  Even if an appeal were authorized, without a district court finding of
  probable cause and an affidavit establishing such, Charleston had no standing
  to require a court of inquiry proceeding. 
  
  
  
  