John L. Jones, Jr. v. State ( 2003 )

Opinion issued May 15, 2003    

In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-00080-CR

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JOHN L. JONES, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 871540

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MEMORANDUM OPINION

This is an appeal from a trial court's order based on a jury's finding of mental incompetency to stand trial on a criminal charge. Appellant, John L. Jones, Jr., was indicted for aggravated assault in 2001. He was found to be incompetent to stand trial by jury and committed to state hospitals twice in 2001 and once in 2003. See Tex. Code Crim. Proc. Ann. art. 46.02 (Vernon 1979 & Pamph. 2003). It was from the 2003 order that notice of appeal was filed.

However, the trial court's order of incompetency based on the jury's findings was ancillary to prosecution of the aggravated assault which remains pending in the trial court. An order resulting from a competency hearing is not a final judgment and is not directly appealable. Ortega v. State, 82 S.W.3d 748, 749 (Tex. App.--Houston [1st Dist.] 2002, no pet.); Morales v. State, 801 S.W.2d 624, 625 (Tex. App.--Dallas 1990), aff'd, 830 S.W.2d 139 (Tex. Crim. App. 1992).

Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Nuchia and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).