Opinion
No. 04-16-00467-CR
08-02-2016
Samuel Charles PERKINS, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR2492
Honorable Andrew Carruthers, Judge Presiding
ORDER
Appellant's notice of appeal, which was filed July 21, 2016, appears to states he is appealing from the trial court's order denying his motion to quash the indictment. However, the record does not include an order either granting or denying the motion to quash. Moreover, if the record did contain such an order, it would not be appealable as such an order is neither a final appealable order in the absence of a judgment of conviction nor an appealable interlocutory order. See Taylor v. State, 268 S.W.3d 752, 755-56 (Tex. App.—Waco 2008, pet. ref'd); Ahmad v. State, 158 S.W.3d 525, 527 (Tex. App.—Fort Worth 2004, pet. ref'd). The appellate courts do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Taylor, 268 S.W.3d at 755-56.
We therefore ORDER that appellant may file in this court, on or before September 1, 2016, a response showing 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. 42.3(c). 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/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of August, 2016.
/s/_________
Keith E. Hottle
Clerk of Court