Opinion
04-23-00913-CR
10-18-2023
Tiny MACKEY, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR6733 Honorable Christine Del Prado, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On October 12, 2023 appellant filed her notice of appeal, which does not identify any judgment or other appealable order. The clerk's record has also been filed in this appeal. It includes an indictment filed August 3, 2023, a series of defense motions filed after the indictment was filed, and a criminal docket sheet containing zero court entries. However, it contains no judgment or order of any kind.
As a general rule, a criminal defendant's right of appeal is limited to an appeal from a final judgment of conviction. See Tex. Code Crim. Proc. art. 44.02; see also State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) ("A defendant's general right to appeal under [article 44.02] and its predecessors has always been limited to appeal from a 'final judgment,' though the statute does not contain this limitation on its face."). Moreover, "[t]he courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
We, therefore, order appellant to show cause no later than November 1, 2023 why this appeal should not be dismissed for lack of jurisdiction. If a supplemental clerk's record is required to show appellant has the right to appeal, appellant must request a supplemental record from the trial court clerk and file a copy of the request with this court. If appellant fails to satisfactorily respond to this order within the time provided, the appeal will be dismissed.
We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record.