Jose A. Villarreal Jr. v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-01110-CR
Jose A. VILLARREAL Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2020CR3383
Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: February 7, 2024
DISMISSED FOR WANT OF JURISDICTION
On December 18, 2023, appellant filed a pro se notice of appeal that appeared to indicate
he wished to challenge the “magistrate, pre-trial, and grand jury” proceedings in the underlying
criminal case. The clerk’s record, which was filed on January 8, 2024, does not contain a judgment
of conviction or other appealable order. Additionally, the district clerk has informed this court that
appellant has not yet been tried or sentenced in this case.
Generally, a criminal defendant may only appeal from a final judgment of conviction. See
TEX. CODE CRIM. PROC. ANN. art. 44.02; State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim.
04-23-01110-CR
App. 1990). Because no final judgment of conviction has been signed in this case, it appears the
ruling, if any, appellant seeks to challenge is interlocutory. The courts of appeals lack jurisdiction
to review interlocutory orders unless that jurisdiction has been expressly granted by law. Ragston
v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). For these reasons, on January 10, 2024, we
ordered appellant to show cause in writing why this appeal should not be dismissed for want of
jurisdiction.
On January 18, 2024, appellant’s appointed counsel filed a response to our order. Counsel
represented that he had reviewed the record and “found no reason that this Court should not dismiss
this appeal for want of jurisdiction.” He also represented that he had spoken with appellant, who
“agreed that this Court does not have jurisdiction of this appeal[.]” Accordingly, we dismiss this
appeal for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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