Opinion
04-23-00887-CR
10-18-2023
Damion Bryc PEREZ, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR5703 Honorable Ron Rangel, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On October 3, 2023 appellant filed his notice of appeal stating his intent to appeal a sentence imposed on September 11, 2023. The clerk's record has been filed in this appeal. However, it does not include any judgment entered on that date. It does include a September 25, 2023 motion to dismiss the criminal action, filed by the Bexar County district attorney. The trial court granted the motion the same day and dismissed the criminal action.
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."); Jack v. State, No. 04-20-00448-CR, 2020 WL 6151587, at *1 (Tex. App.-San Antonio Oct. 21, 2020, no pet.) ("Modification of community supervision is not appealable at the time of modification. [However,] [a] defendant may appeal the judgment at the time she is placed on community supervision or an order revoking her community supervision."). 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). A criminal defendant is not permitted to appeal a trial court's order dismissing a charge against him. See Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App.-Fort Worth 2011, pet. ref'd) (dismissing for lack of jurisdiction a defendant's appeal from an order dismissing the criminal charges filed against him).
We, therefore, order appellant to show cause no later than November 2, 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.