Opinion
No. 04-19-00063-CR
02-20-2019
Kurt Wayne LOPER, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 566384
Honorable Wayne A. Christian, Judge Presiding
ORDER
The appellant has filed a notice of appeal, stating he desires to appeal the overruling, by operation of law, of his motion to dismiss and for speedy trial. We do not have jurisdiction over appeals of such rulings and must dismiss appeals of those rulings for want of jurisdiction. See Ordunez v. Bean, 579 S.W.2d 911, 913-14 (Tex. Crim. App. 1979) (orig. proceeding) (stating that order denying motion to dismiss based on speedy trial violation is not reviewable by interlocutory appeal and clarifying that such a challenge should be brought via a direct appeal from a judgment of conviction).
The clerk's record was due on February 11, 2019. On February 7, 2019, the trial court clerk's office called and stated the clerk's record would be filed that day. However, the clerk's record or no notice of late record has not been filed. We therefore ORDER the trial court clerk, Lucy Adame-Clarke, to file the clerk's record within five days of this order. We further ORDER appellant's counsel, Ray Lopez, to file a response within ten days after the clerk's record is filed showing why this appeal should not be dismissed for want of jurisdiction.
If a supplemental clerk's record is necessary to show this court's jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of February, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court