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Joseph v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 18, 2024
No. 04-24-00590-CR (Tex. App. Dec. 18, 2024)

Opinion

04-24-00590-CR

12-18-2024

Serena Michelle JOSEPH, Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR11216 Honorable Ron Rangel, Judge Presiding

Sitting: Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

MEMORANDUM OPINION

PER CURIAM

DISMISSED FOR LACK OF JURISDICTION

The clerk's record in this appeal reflects that on April 10, 2024, the trial court signed an Agreed Judgment of Incompetency pursuant to chapter 46B of the Texas Code of Criminal Procedure. In the Agreed Judgment of Incompetency, the trial court found Serena Joseph incompetent to stand trial and committed her to a facility designated by the local mental health authority for a period not to exceed 120 days. See TEX. CODE CRIM. PROC. art. 46B.073. On July 8, 2024, Joseph filed a notice of appeal stating her intent to appeal her sentence that was imposed on July 2, 2024. On September 3, 2024, Joseph filed another notice of appeal again stating her desire to appeal from her sentence that was imposed on July 2, 2024. However, no judgment imposing sentence against Joseph is contained within the clerk's record.

Generally, we have jurisdiction only to consider an appeal by a criminal defendant where there has been a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.- Fort Worth 1996, no pet.) (per curiam). We do not have jurisdiction to review interlocutory orders, or other orders, unless that jurisdiction has been expressly granted by law. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). Here, as noted, there is no judgment of conviction contained within the clerk's record.

Further, the trial court's agreed judgment committing Joseph to a mental health facility is not a judgment of conviction, and there is no statutory provision allowing an interlocutory appeal from the judgment committing Joseph to a mental health facility. See TEX. CODE CRIM. PROC. art. 46B.011 (proving that neither the State nor the defendant is entitled to make an interlocutory appeal relating to a competency determination); Queen v. State, 212 S.W.3d 619, 622-23 (Tex. App.- Austin 2006, no pet.) (holding that an order committing a defendant for competency restoration is an interlocutory order and dismissing appeal for lack of jurisdiction).

Because it appeared we lacked jurisdiction over this appeal, on October 25, 2024, we ordered Appellant Serena Joseph to show cause on or before November 25, 2024 why this appeal should not be dismissed for lack of jurisdiction. Appellant Serena Joseph has not filed a response to our order. We therefore dismiss this appeal for lack of jurisdiction.


Summaries of

Joseph v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 18, 2024
No. 04-24-00590-CR (Tex. App. Dec. 18, 2024)
Case details for

Joseph v. State

Case Details

Full title:Serena Michelle JOSEPH, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Dec 18, 2024

Citations

No. 04-24-00590-CR (Tex. App. Dec. 18, 2024)