Opinion
04-24-00060-CR
02-01-2024
Jessie Marquis MACWILLIAMS, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR10224 Honorable Joel Perez, Judge Presiding
ORDER
PER CURIAM
In Texas, appeals in criminal cases are permitted only when they are specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); TEX. CODE CRIM. PROC. art. 44.02. Generally, a criminal defendant may only appeal from a final judgment. State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review orders in a criminal appeal absent express statutory authority. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
Here, appellant filed a pro se notice of appeal from the trial court's Agreed Judgment of Competency to Stand Trial. This record does not contain a final judgment, and it appears we lack jurisdiction over such an appeal. See TEX. CODE CRIM. PROC. art. 46B.011 ("Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005."); Fiala v. State, No. 04-17-00170-CR, 2017 WL 3159439, at *1 (Tex. App.-San Antonio July 26, 2017, pet. ref'd) (mem. op., not designated for publication) (dismissing appeal of competency determination for lack of jurisdiction).
Appellant is ORDERED to show cause in writing on or before February 12, 2024 why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to respond by February 12, 2024, this appeal may be dismissed for lack of jurisdiction.
All other appellate deadlines are SUSPENDED pending further order of this court.
It is so ORDERED.