Opinion
NO. 09-13-00294-CR
09-04-2013
CHRIS PRESTONBACH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 13-01-00730 CR
MEMORANDUM OPINION
On August 1, 2013, we notified the parties that our jurisdiction was not apparent from the notice of appeal and the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. No response has been filed.
The notice of appeal seeks to appeal the denial of a motion to quash the indictment. The order is not appealable prior to conviction. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Ahmad v. State, 158 S.W.3d 525 (Tex. App.—Fort Worth 2004, pet. ref'd). Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
______________________
STEVE McKEITHEN
Chief Justice
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.