Anthony McVea v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00441-CR

Anthony McVEA, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR5436 Honorable Ray Olivarri, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: July 31, 2019

DISMISSED FOR WANT OF JURISDICTION

On June 28, 2019, Appellant Anthony McVea filed a pro se notice of appeal. The notice

of appeal does not indicate the date on which the trial court rendered a final judgment.

The clerk’s record shows Appellant has been indicted, but it does not include a final order

or judgment or give any indication that a hearing on a dispositive motion or a trial was held. The

clerk’s record does not contain an appealable judgment or order. See TEX. CODE CRIM. PROC.

ANN. art. 44.02 (authorizing a defendant in a criminal action to appeal); Abbott v. State, 271 04-19-00441-CR

S.W.3d 694, 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under article 44.02 is

limited to appeal from a final judgment).

On July 8, 2019, we ordered Appellant to show cause in writing by July 23, 2019, why this

appeal should not be dismissed for want of jurisdiction. We cautioned Appellant that if he failed

to show cause in writing as ordered, this appeal would be dismissed for want of jurisdiction. See

Abbott, 271 S.W.3d at 697 n.8.

The clerk’s record does not contain an appealable judgment or order, and Appellant did not

file any response to show how this court has jurisdiction in this appeal. Accordingly, we dismiss

this appeal for want of jurisdiction.

DO NOT PUBLISH

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