Petty v. State

Full title: THOMAS ARTHUR PETTY, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 14, 2004

No. 05-04-00705-CR (Tex. App. Jun. 14, 2004)

Opinion

No. 05-04-00705-CR

Opinion Filed June 14, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. 380-81086-03. Dismiss.

Before Justices WRIGHT, MOSELEY, and FRANCIS.

MEMORANDUM OPINION

PER CURIAM.

Thomas Arthur Petty is facing criminal prosecution in the 380^th Judicial District Court. Appellant's attorney filed a motion suggesting incompetency and request for an examination pursuant to article 46B.003 of the Texas Code of Criminal Procedure. On May 24, 2004, the trial court judge signed an order for an examination regarding competency. On June 1, 2004, appellant filed a pro se notice of appeal challenging the May 24, 2004 order. An interlocutory order for a competency examination is not an appealable order. See Jackson v. State, 548 S.W.2d 685, 690 (Tex. Crim. App. 1977) (preliminary hearing to determine competency is ancillary to main criminal proceeding and not appealable); see also Wright v. State, 969 S.W.2d 588, 589-90 (Tex. App.-Dallas 1998, no pet.) (identifying the types of interlocutory orders that are appealable). We dismiss the appeal for want of jurisdiction.