Opinion
04-23-00896-CR
10-24-2023
Sean BROWN, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CR-10966 Honorable Ron Rangel, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice.
On September 29, 2023 appellant filed a notice of appeal, providing he wished to appeal his conviction, with a sentenced imposed on September 11, 2023. The clerk's record has also been filed in this appeal. It shows appellant's indictment in cause no. 2019CR10966-the cause number appealed in this appeal (04-23-00896-CR)-was dismissed on September 11, 2023.
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."). 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).
We, therefore, order appellant to show cause no later than November 7, 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.
We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record.