Opinion
03-24-00165-CR
05-07-2024
Phillip G. Scott, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2023-382, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Smith and Theofanis.
MEMORANDUM OPINION
DARLENE BYRNE, CHIEF JUSTICE.
Appellant Phillip G. Scott has been charged by indictment with the offense of taking a prohibited substance into a correctional facility. See Tex. Penal Code §38.11(b). Appellant seeks to bring an interlocutory appeal challenging the trial court's incompetency Order. See Tex. Code of Crim. Proc. art. 46B.005. Additionally, Appellant has filed a "Supplement Appeal," in which he seeks to also appeal the trial court's decision to appoint him trial counsel in a different criminal case than the one that is the subject of this appeal. The record does not include any certification by the trial court that appellant has a right to appeal either the incompetency order or the determination to appoint counsel in the separate criminal case. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of defendant's right of appeal each time it enters judgment of guilt or other appealable order); id. R. 25.2(d) (requiring dismissal of criminal appeal in absence of certification).
Further, neither challenged action by the trial court is a "judgment or other appealable order." Id. R. 25.2(a)(2) (authorizing appeals in criminal cases only when trial court enters judgment or other appealable order). Article 46B.005 incompetency Orders are specifically not subject to interlocutory appeal pursuant to statute. See Tex. Code of Crim. Proc. art. 46B.011. No statute authorizes an interlocutory appeal of a defendant's request for self-representation. See Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002) (explaining that "a defendant's right of appeal is a statutorily created right"); cf. Blankenship v. State, 673 S.W.2d 578, 583-84 (Tex. Crim. App. 1984) (addressing denial of right to self-representation in appeal from final judgment). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).
Dismissed for Want of Jurisdiction.