Michael Adam Kozitzki v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00511-CR
Michael Adam KOZITZKI,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CR-11431
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: June 7, 2023
DISMISSED FOR LACK OF JURISDICTION
In the underlying criminal case, appellant was indicted for the offense of assault-family-
second offense. On April 17, 2023, the trial court granted the State’s motion to dismiss and
dismissed the underlying criminal case. On April 24, 2023, appellant filed a notice of appeal
challenging the trial court’s dismissal order.
“[I]n Texas, appeals by either the State or the defendant in a criminal case are permitted
only when they are specifically authorized by statute.” State ex rel. Lykos v. Fine, 330 S.W.3d 904,
915 (Tex. Crim. App. 2011). Under Texas law, a criminal defendant is permitted to appeal only
04-23-00511-CR
judgments of conviction and other designated appealable orders. TEX. CODE CRIM. PROC. art.
44.02; TEX. R. APP. P. 25.2(a)(2). A criminal defendant is not permitted to appeal a trial court’s
order dismissing a charge against him. See Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App.—
Fort Worth 2011, pet. ref’d) (dismissing for lack of jurisdiction a defendant’s appeal from an order
dismissing the criminal charges filed against him); Petty v. State, 800 S.W.2d 582, 583-84 (Tex.
App.—Tyler 1990, no pet.) (concluding an order dismissing an indictment is not an order from
which a criminal defendant can appeal).
We ordered appellant to show cause why this appeal should not be dismissed for lack of
jurisdiction. Appellant’s court-appointed counsel filed a response agreeing that appellant is not
permitted to appeal the trial court’s dismissal order. Accordingly, this appeal is dismissed for lack
of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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