We conclude that we lack jurisdiction of the instant appeal. See Murrile v. State, No. 03-11-00190-CR, 2011 WL 3891492, at *1 (Tex.App.--Austin Aug. 31, 2011, no pet.)(mem. op., not designated for publication)(holding that court of appeals lacked jurisdiction of interlocutory appeal of order denying defendant's motion to dismiss based on double jeopardy grounds).