Opinion
No. 04-17-00170-CR
05-05-2017
Alice V. FIALA, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 308410
Honorable Andrew Carruthers, Judge Presiding
ORDER
Appellant filed a notice of appeal on March 24, 2017. In her notice of appeal, appellant states she is appealing "the denial of her CONSTITUTIONAL RIGHTS" and references a jury trial that was held on March 22 through March 23 of 2017. The clerk's record includes a judgment of competency dated March 23, 2017. The judgment indicates a jury found appellant competent to stand trial. The clerk's record does not include any other judgment or order.
The judgment also includes a trial court certification in which the trial court indicates this matter "is a determination of competency to stand trial rendered by a jury and the defendant has no right to an interlocutory appeal - 46B.011 C.C.P."
In general, we have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction. 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). 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. Article 46B.011 provides that a defendant may not "make an interlocutory appeal relating to a determination or ruling under Article 46B.005." TEX. CODE CRIM. PROC. ANN. art. 46B.011 (West 2006). Here, the judgment appellant is attempting to appeal appears to relate to a determination or ruling under Article 46B.005, outlining when a trial court must hold a hearing to determine whether a defendant is incompetent to stand trial. See id.; see also Queen v. State, 212 S.W.3d 619, 622 (Tex. App.—Austin 2006, no pet.) (stating interlocutory appeal may not be had from orders entered under chapter 46B, subchapter D, i.e., articles 46B.071-.090, of the code of criminal procedure). Therefore, it appears we do not have jurisdiction to review this determination as it is not subject to immediate appeal.
We therefore ORDER appellant to file in this court, on or before June 5, 2017, a response showing cause 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.
We further order the clerk of this court to serve a copy of this order on the trial court, all counsel, appellant, and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court