Opinion
04-23-00511-CR
05-18-2023
Michael Adam KOZITZKI, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2022-CR-11431 Honorable Catherine Torres-Stahl, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
On April 17, 2023, the trial court signed an order dismissing the underlying criminal cause. On April 23, 2023, appellant filed a document in the trial court, which we construe as a notice of appeal challenging the trial court's dismissal order in this cause.
"[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." State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011). Under Texas law, a criminal defendant is permitted to appeal only judgments of conviction and other designated appealable orders. Tex. Code Crim. Proc. art. 44.02; Tex.R.App.P. 25.2(a)(2). A defendant may not appeal a trial court's order dismissing the charge filed against him. See Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App-Fort Worth 2011, pet. refd) (dismissing for lack of jurisdiction a defendant's appeal from an order dismissing criminal charges against him); Petty v. State, 800 S.W.2d 582, 583-84 (Tex. App- Tyler 1990, no pet.) (same).
We therefore ORDER appellant to show cause on or before June 2, 2023, why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this Court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of May, 2023.