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Ryberg v. State

Fourth Court of Appeals San Antonio, Texas
Feb 28, 2018
No. 04-17-00819-CR (Tex. App. Feb. 28, 2018)

Opinion

No. 04-17-00819-CR

02-28-2018

Scott Andrew RYBERG, Appellant v. The STATE of Texas, Appellee


From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR5635
Honorable Lorina I. Rummel, Judge Presiding

ORDER

On November 28, 2017, appellant filed a notice of appeal, stating he was appealing "his conviction and sentence in Cause Number 2017-CR-5635." A review of the clerk's record, however, indicates appellant was neither convicted nor sentenced in Cause Number 2017 CR 5635. Rather, the clerk's record reflects that the State filed a motion to dismiss the criminal action pending under cause number 2017 CR 5635, and the trial court subsequently granted the State's motion. Thus, it appears appellant seeks to appeal the trial court's dismissal of the charges filed against him.

In general, we have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). The rules of appellate procedure further provide that a criminal defendant has the right to appeal a judgment of guilt or other appealable order. TEX. R. APP. P. 25.2(a)(2). An order dismissing a charging instrument is not an appealable order for purposes of rule 25.2(a)(2) of the rules of appellate procedure if a defendant brings the appeal. See Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011, pet. ref'd) (citing Petty v. State, 800 S.W.2d 582, 583-84 (Tex. App.—Tyler 1990, no pet.)).

Because it appears appellant is seeking to appeal the trial court's dismissal of the charges filed against him under Cause Number 2017 CR 5635, it appears we lack jurisdiction to consider his appeal. See TEX. R. APP. P. 43.2(f); Skinner v. State, 305 S.W.3d 593, 594 (Tex. Crim. App. 2010). We therefore ORDER appellant to file in this court, on or before April 2, 2018, a response showing cause why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We further order the clerk of this court to serve a copy of this order on the trial court, all counsel, appellant, and the court reporter.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of February, 2018.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Ryberg v. State

Fourth Court of Appeals San Antonio, Texas
Feb 28, 2018
No. 04-17-00819-CR (Tex. App. Feb. 28, 2018)
Case details for

Ryberg v. State

Case Details

Full title:Scott Andrew RYBERG, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 28, 2018

Citations

No. 04-17-00819-CR (Tex. App. Feb. 28, 2018)