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Durham v. State

Fourth Court of Appeals San Antonio, Texas
Apr 4, 2016
No. 04-16-00148-CR (Tex. App. Apr. 4, 2016)

Opinion

No. 04-16-00148-CR

04-04-2016

Jacques Montrey DURHAM, Appellant v. The STATE of Texas, Appellee


From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR3667A
Honorable Mary D. Roman, Judge Presiding

ORDER

On January 16, 2016, Appellant filed a motion to quash the indictment. The State filed a motion to amend the indictment, and after a hearing, the trial court granted the State's motion on February 29, 2016. On March 23, 2016, Appellant filed a notice of appeal challenging the trial court's February 29, 2016 order that allegedly denied Appellant's motion to quash the indictment.

The clerk's record does not appear to contain an appealable order or judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (authorizing a defendant in a criminal action to appeal); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under article 44.02 is limited to appeal from a final judgment).

We ORDER Appellant to show cause in writing not later than TWENTY DAYS from the date of this order why this appeal should not be dismissed for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8.

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Durham v. State

Fourth Court of Appeals San Antonio, Texas
Apr 4, 2016
No. 04-16-00148-CR (Tex. App. Apr. 4, 2016)
Case details for

Durham v. State

Case Details

Full title:Jacques Montrey DURHAM, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 4, 2016

Citations

No. 04-16-00148-CR (Tex. App. Apr. 4, 2016)