Opinion
No. 04-19-00851-CR
12-17-2019
William James LUTZ, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 18-0057-CR-B
Honorable Gary L. Steel, Judge Presiding
ORDER
On November 21, 2019, appellant filed a notice of appeal of "State's Response to Applicant's Motion to Suppress Evidence and Illegal Arrest, Motion to Suppress—Urinalysis Results, Motion to Dismiss Insufficient Evidence." In general, we have jurisdiction to consider an appeal in a criminal case only when there has been a final judgment of conviction. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Sanchez v. State, 340 S.W.3d 848, 849 (Tex. App.—San Antonio 2011, no pet.). "The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Apolinar, 820 S.W.2d at 794. Additionally, we must dismiss a criminal appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record[.]" TEX. R. APP. P. 25.2(d).
Here, the clerk's record does not contain a judgment of conviction or other appealable order or a certification of appellant's right of appeal. We therefore ORDER appellant to file in this court, by or before January 16, 2020, a response showing cause why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 25.2(d). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of December, 2019.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court