Opinion
04-24-00731-CR
10-30-2024
Leroy MOYA, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR10125 Honorable Andrew Carruthers, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
On February 23, 2024, the trial court signed an Agreed Judgment of Incompetency. The Agreed Judgment of Incompetency commits Leroy Moya to a facility pursuant to Texas Code of Criminal Procedure 46B.073 for a period not to exceed 120 days "for further examination and treatment toward the specific objective of attaining competency to stand trial."
On October 22, 2024, a handwritten letter was filed stating, "I am pass my RC01 date. I am trying to appeal my case. And why. I am going to the State Hospital."
On October 25, 2024, the trial court appointed appellate counsel for Moya.
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) (orig. proceeding); see Tex. Code Crim. Proc. art. 44.02 ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). Generally, a criminal defendant may only appeal from a final judgment. See 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 interlocutory orders in a criminal appeal absent express statutory authority. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
To the extent Moya intends to appeal from the Agreed Judgment of Incompetency, we lack jurisdiction over such appeals. 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."); Grant v. State, No. 01-21-00340-CR, 2021 WL 4780066, at *1 (Tex. App -Houston [1st Dist] Oct. 14, 2021, pet. refd) (per curiam) (mem. op., not designated for publication) (concluding "trial court's judgment finding appellant incompetent and temporarily committing him to a mental health facility for competency restoration is not a judgment of conviction" and "there is no statutory provision allowing an interlocutory appeal from such an order"); Queen v. State, 212 S.W.3d 619, 623 (Tex. App-Austin 2006, no pet.) (concluding "the legislature did not intend to allow interlocutory appeals from orders of temporary commitment made after a determination of incompetence but before a subchapter E proceeding").
Appellant is ORDERED to show cause in writing no later than November 13, 2024 why this appeal should not be dismissed for want of jurisdiction. If appellant fails to respond by November 13, 2024, this appeal may be dismissed for want of jurisdiction.
All other appellate deadlines are suspended pending further order of this court.