Manuel Espinoza v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00017-CR
Manuel ESPINOZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2023CR5174
Honorable Andrew Carruthers, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: February 21, 2024
DISMISSED FOR LACK OF JURISDICTION
Appellant Manuel Espinoza, who is represented by counsel in the underlying criminal
matter, has filed a pro se notice of appeal challenging an interlocutory order finding him
incompetent to stand trial and committing him to a mental health facility for 120 days for
examination and treatment toward the objective of attaining competency to stand trial. TEX. CODE
CRIM. PROC. art. 46B.005. The challenged order is not appealable. See id. art. 46B.011 (“Neither
the state nor the defendant is entitled to make an interlocutory appeal relating to a determination
or ruling under Article 46B.005.”).
04-24-00017-CR
On January 10, 2024, we ordered Espinoza to show cause in writing by January 25, 2024,
why this appeal should not be dismissed for lack of jurisdiction. No response was filed. Because
this court lacks jurisdiction over an interlocutory appeal from an order finding a defendant
incompetent to stand trial on the merits, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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