Opinion
No. 04-18-00281-CR
05-01-2018
Leroy G. SANCHEZ, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR13374
Honorable Andrew Carruthers, Judge Presiding
ORDER
Appellant appears to be seeking to appeal an order for competency evaluation. An order for competency evaluation is not an appealable order. See Jackson v. State, No. 01-13-00561-CR, 2014 WL 123838, at *1 (Tex. App.—Houston [1st Dist.] Jan. 14, 2014, no pet.) ("Although written pretrial motions for psychiatric evaluations to determine competency and sanity were filed, the motions were granted and, therefore, do not provide a basis for appeal.") (citing Woods v. State, 108 S.W.3d 314, 316 n. 6 (Tex.Crim.App.2003)); TEX. CODE CRIM. PROC. art. 46B.011 ("Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005."). It is therefore ORDERED that appellant show cause in writing within two weeks from the date this order is signed why this appeal should not be dismissed for lack of jurisdiction.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court