Opinion
04-23-01082-CR
01-31-2024
Dylan Ray MARTINEZ, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR2649 Honorable Andrew Carruthers, Judge Presiding
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
MEMORANDUM OPINION
PER CURIAM
On December 6, 2023, Appellant filed a pro se motion for leave to file a late notice of appeal, which we construe as an untimely appeal. See Tex. R. App. P. 26.2; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (citing Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993)). Untimeliness notwithstanding, Appellant was appealing from an agreed judgment of incompetency, which is not an appealable judgment. See Tex. Code Crim. Proc. Ann. art. 46B.011; Zbikowski v. State, No. 04-23-00321-CR, 2023 WL 3984880, at *1 (Tex. App.-San Antonio June 14, 2023, no pet.) (mem. op., not designated for publication); Perez v. State, No. 04-22-00713-CR, 2022 WL 17825892, at *1 (Tex. App.-San Antonio Dec. 21, 2022, no pet.) (mem. op., not designated for publication).
On December 21, 2023, we ordered Appellant to show cause as to why this court should not dismiss for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Appellant did not respond. Because the agreed judgment of incompetency is not an appealable order, we dismiss this appeal for want of jurisdiction. See id.; Zbikowski, 2023 WL 3984880, at *1; Perez, 2022 WL 17825892, at *1.
DISMISSED FOR WANT OF JURISDICTION.