Ex Parte Denise McVea v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: July 1, 2026
• Docket: 04-26-00368-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00368-CR

EX PARTE Denise McVEA

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2025-CR-009187 Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: July 1, 2026

DISMISSED FOR LACK OF JURISDICTION

We have jurisdiction to consider an appeal by a criminal defendant from a final judgment

of conviction or as otherwise authorized by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex.

Crim. App. 2008). No statute authorizes an interlocutory appeal of an order denying a motion to

dismiss for violation of speedy trial rights, which is available only after a final judgment. See Ex

parte Delbert, 582 S.W.2d 145, 146 (Tex. Crim. App. 1979). In addition, “[n]o appeal lies from

the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the

application.” Ex parte Young, 257 S.W.3d 276, 277 (Tex. App.—Beaumont 2008, no pet.). If the

record shows that the trial court heard evidence and addressed the merits of the application, the 04-26-00368-CR

result is appealable. Ex parte Sifuentes, 639 S.W.3d 842, 846 (Tex. App.—San Antonio 2022, pet.

ref’d).

Denise McVea filed a notice of appeal stating she seeks to appeal the trial court’s denials

of her motion to dismiss for lack of a speedy trial and her applications for habeas corpus filed

under article 17.151 of the Texas Code of Criminal Procedure. The clerk’s record and the reporter’s

record from the pre-trial hearing have been filed. The clerk’s record does not contain any written

orders ruling on McVea’s speedy trial motion or her habeas corpus applications. The reporter’s

record shows the trial court orally denied McVea’s speedy trial motion. It also shows the trial court

heard no evidence on and did not address the merits of McVea’s pre-trial habeas corpus

applications.

We ordered McVea to show cause on or before June 16, 2026, why this appeal should not

be dismissed for lack of jurisdiction. McVea did not respond. Therefore, we dismiss this appeal

for lack of jurisdiction.

DO NOT PUBLISH

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