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Ruiz v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 16, 2024
No. 04-24-00008-CR (Tex. App. Jan. 16, 2024)

Opinion

04-24-00008-CR

01-16-2024

Ralph Andrew RUIZ, Appellant v. The STATE of Texas, Appellee


From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 742982 Honorable Marilisa Janssen, Judge Presiding

ORDER

Lori I. Valenzuela, Justice

On January 3, 2024, appellant pro se filed a document titled "Appeal on Magistrates Order for Emergency Protection." On January 16, 2024, the clerk's record was filed in this court. The clerk's record does not contain an appealable order. As a general rule, a criminal defendant's right of appeal is limited to an appeal from a final judgment of conviction. See Tex. Code Crim. Proc. art. 44.02; see also State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) ("A defendant's general right to appeal under [article 44.02] and its predecessors has always been limited to appeal from a 'final judgment,' though the statute does not contain this limitation on its face."). Moreover, "[t]he courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (quoting Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991)).

The record before this court does not reflect either a final appealable order or an interlocutory order on which an immediate appeal is authorized. We, therefore, ORDER appellant to show cause no later than January 30, 2024 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.


Summaries of

Ruiz v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 16, 2024
No. 04-24-00008-CR (Tex. App. Jan. 16, 2024)
Case details for

Ruiz v. State

Case Details

Full title:Ralph Andrew RUIZ, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 16, 2024

Citations

No. 04-24-00008-CR (Tex. App. Jan. 16, 2024)