Opinion
04-22-00714-CR
11-07-2022
Vanessa Lopez PEREZ, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR6203 Honorable Ron Rangel, Judge Presiding
ORDER
Lori I. Valenzuela, Justice.
In Texas, appeals in criminal cases 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); see Tex. Code Crim. Proc. art. 44.02. Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review orders in a criminal appeal absent express statutory authority. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
Here, appellant filed a notice of appeal from the trial court's Agreed Judgment of Incompetency under which appellant was committed to a facility pursuant to Texas Code of Criminal Procedure 46B.073 for a period not to exceed 120 days "for further examination and treatment toward the specific objective of attaining competency to stand trial." It appears we lack jurisdiction over such an appeal. See Tex. Code Crim. Proc. art. 46B.011 ("Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005."); Grant v. State, No. 01-21-00340-CR, 2021 WL 4780066, at *1 (Tex. App.-Houston [1st Dist.] Oct. 14, 2021, pet. ref'd) (per curiam) (mem. op.) (concluding "trial court's judgment finding appellant incompetent and temporarily committing him to a mental health facility for competency restoration is not a judgment of conviction" and "here is no statutory provision allowing an interlocutory appeal from such an order"); Queen v. State, 212 S.W.3d 619, 623 (Tex. App.-Austin 2006, no pet.) (concluding "the legislature did not intend to allow interlocutory appeals from orders of temporary commitment made after a determination of incompetence but before a subchapter E proceeding").
Appellant is ORDERED to show cause in writing no later than November 22, 2022 why this appeal should not be dismissed for want of jurisdiction. If appellant fails to respond by November 22, 2022, this appeal may be dismissed for want of jurisdiction.
All other appellate deadlines are suspended pending further order of this court.