Gabriel Gomez v. State

• Court: Court of Appeals of Texas
• Decided: November 30, 2010
• Docket: 08-10-00277-CR
• Status: Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GABRIEL GOMEZ,                                     Appellant, v. THE STATE OF TEXAS,                                     Appellee.	§	No. 08-10-00277-CR Appeal from  409th District Court of El Paso County, Texas (TC # 20090D04890)

MEMORANDUM OPINION

            This appeal is before the Court on its own motion to determine whether it should be dismissed. Concluding that there is no appealable order, we dismiss the appeal for want of jurisdiction.

            On September 17, 2010, the district clerk provided this Court with a copy of the notice of appeal and a docketing certificate. On that same day, the clerk of this Court notified the parties by letter of the Court’s intent to dismiss the appeal for want of jurisdiction because there does not appear to be an appealable order. The clerk informed the parties that the appeal would be dismissed without further notice unless any party could show grounds for continuing the appeal within ten days. To this date, no one has responded to the clerk’s letter.

            According to the docketing certificate, the case against Appellant was dismissed. This Court generally does not have jurisdiction over appeals from interlocutory orders in criminal cases. Petty v. State, 800 S.W.2d 582, 583 (Tex.App.--Tyler 1990, no pet.). The dismissal of an indictment is not an appealable order. Id.; Jeanmarie v. State, No. 08-06-00192-CR, 2006 WL 2570852, at *1 (Tex.App.--El Paso Sept. 7, 2006, no pet.)(not designated for publication). We therefore dismiss this appeal for want of jurisdiction.

November 30, 2010                                                    

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)