Opinion
04-24-00440-CR
07-09-2024
William James BALLESTERO, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR1780 Honorable Ron Rangel, Judge Presiding
ORDER
Irene Rios, Justice
On June 27, 2024, appellant filed a notice of appeal indicating that he wishes to challenge "the judgment of conviction and sentence herein rendered against the Defendant." The clerk's record, which was filed on July 3, 2024, does not contain a judgment of conviction or other appealable order. The record does, however, contain an August 24, 2023 order granting the State's motion to dismiss the criminal action in the underlying cause number.
The State's motion indicates that the charges that would have been heard in the underlying cause number will be heard in a different cause number.
Generally, a criminal defendant may only appeal from a final judgment of conviction. See Tex. Code Crim. Proc. Ann. art. 44.02; State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). "A defendant does not have a right to appeal a dismissal order." Olvera-Perez v. State, Nos. 05-21-00833-CR, 05-21-00834-CR, 05-21-00835-CR, 2021 WL 5027859, at *1-2 (Tex. App.-Dallas Oct. 29, 2021, no pet.) (mem. op., not designated for publication). Because it appears we do not have jurisdiction over this appeal, we ORDER appellant to show cause in writing by July 19, 2024 why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are suspended pending further order of this court.