Opinion
04-23-01110-CR
01-10-2024
Jose A. VILLARREAL Jr., Appellant v. The STATE of Texas, Appellee
James P. Sieloff Attorney at Law Joe D. Gonzales Bexar County District Attorney
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR3383 Honorable Michael E. Mery, Judge Presiding
James P. Sieloff Attorney at Law
Joe D. Gonzales Bexar County District Attorney
PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ LORI I. VALENZUELA JUSTICES
REBECA C. MARTINEZ, CHIEF JUSTICE
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours, MICHAEL A. CRUZ, Clerk of Court
ORDER
Beth Watkins, Justice
On December 18, 2023, appellant filed a pro se notice of appeal that appeared to indicate he wished to challenge the "magistrate, pre-trial, and grand jury" proceedings in the underlying criminal case. The clerk's record, which was filed on January 8, 2024, does not contain a judgment of conviction or other appealable order. Additionally, the district clerk has informed this court that appellant has not yet been tried or sentenced in this case.
Generally, a criminal defendant may only appeal from a final judgment of conviction. See Tex. Code Crim. Proc. Ann. art. 44.02; State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Because no final judgment of conviction has been signed in this case, it appears the ruling, if any, appellant seeks to challenge is interlocutory The courts of appeals lack 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). Because it appears we do not have jurisdiction over this appeal, we ORDER appellant to show cause in writing by January 25, 2024 why this appeal should not be dismissed for want of jurisdiction. All other appellate deadlines are suspended pending further order of this court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of January, 2024.