Opinion
02-24-00179-CR
06-27-2024
Donald McCray, Appellant v. The State of Texas, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 78th District Court Wichita County, Texas Trial Court No. DC78-CR2023-1534
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
MEMORANDUM OPINION
Bonnie Sudderth, Chief Justice.
Appellant Donald McCray has filed two pro se notices of appeal, but there is no record of a final judgment or an appealable order.
Appellant's notices of appeal reference the trial court's denial of his motion to dismiss his indictment. The denial of a motion to dismiss or quash an indictment is not subject to interlocutory appeal. See Alonzo v. State, No. 03-23-00255-CR, 2023 WL 3907034, at *1 (Tex. App.-Austin June 9, 2023, pet. ref'd) (mem. op., not designated for publication) (dismissing appeal from denial of motion to set aside indictment for want of jurisdiction); Jones v. State, No. 02-18-00353-CR, 2018 WL 4177450, at *1 (Tex. App.-Fort Worth Aug. 30, 2018, no pet.) (per curiam) (mem. op., not designated for publication) (similar); Ahmad v. State, 158 S.W.3d 525, 526-27 (Tex. App.-Fort Worth 2004, pet. ref'd) (similar).
Because a final judgment or an appealable order is necessary for this court to obtain jurisdiction, see Tex.R.App.P. 26.2(a); Ahmad, 158 S.W.3d at 526; McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.) (per curiam), we notified Appellant of our concern that we lacked jurisdiction. We warned that we would dismiss the appeal unless, within ten days, Appellant or any other party showed grounds for continuing it. See Tex.R.App.P. 44.3. Appellant responded with a brief that lodged various complaints about his case, but he did not identify a final judgment or appealable order giving us jurisdiction to consider his complaints.
Accordingly, we dismiss the appeal for want of jurisdiction. Tex.R.App.P. 43.2(f); see Ahmad, 158 S.W.3d at 526-27.