King Bob Still v. State ( 2018 )

NUMBER 13-18-00126-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
KING BOB STILL, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 36th District Court
of San Patricio County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, King Bob Still, attempts to appeal from a pretrial order of competency.
We dismiss for want of jurisdiction.
The record in the case reveals that, on February 8, 2018, a jury found appellant
competent to stand trial. On March 1, 2018, appellant filed a notice of appeal from the
jury’s finding of competence.
On March 6, 2018, the Clerk of this Court notified appellant that it appeared that
the order from which the appeal was taken was not a final appealable order, and
requested correction of this defect within ten days or the appeal would be dismissed.
Appellant has failed to respond to the Court’s directive.
A pretrial judgment of competency to stand trial in a criminal case is not a final
judgment and is not reviewable by appeal until after a full trial on the merits of the charged
offense. Jackson v. State, 548 S.W.2d 685, 689-90 (Tex. Crim. App. 1977); Lowe v.
State, 999 S.W.2d 537, 537 (Tex. App.--Houston [14th Dist.] 1999, no pet.).
Our review of the documents before the Court shows that appellant’s case is still
pending in the trial court and it does not reveal any appealable orders entered by the trial
court within thirty days before the filing of appellant's notice of appeal. Moreover, the
notice of appeal cannot be construed as premature because it was filed before the trial
court has made a finding of guilt or has received a jury verdict. See TEX. R. APP. P.
27.1(b).
The Court, having examined and fully considered the notice of appeal and
documents before the Court, is of the opinion that there is not an appealable order and
this Court lacks jurisdiction over the matters herein. Accordingly, the appeal is hereby
DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).
LETICIA HINOJOSA
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
19th day of April, 2018.
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