Opinion
No. 14-03-00316-CR
Memorandum Opinion filed October 9, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 875,224.
Panel consists of Chief Justice BRISTER and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
This is an attempted appeal from a pre-trial order signed February 6, 2003, finding appellant is incompetent to stand trial for the offense of murder. Appellant filed a notice of appeal on February 27, 2003. Interlocutory rulings from competency hearings are merely ancillary to the criminal proceedings and are not final judgments. Morales v. State, 830 S.W.2d 139, 140 (Tex.Crim.App. 1992) (adopting court of appeals' opinion). On September 17, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a). Appellant filed no response. Accordingly, the appeal is ordered dismissed. All pending motions are denied as moot.
An earlier notice had been sent to appellant's previous counsel, Charles Freeman. After Mr. Freeman's death, the appeal was abated to allow appellant to retain new counsel. Appellant's current counsel filed no response to the notice of intent to dismiss.