Jessie Marquis MacWilliams v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2024
• Docket: 04-24-00060-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00060-CR

Jessie Marquis MACWILLIAMS, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR10224 Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice

Delivered and Filed: March 6, 2024

DISMISSED FOR LACK OF JURISDICTION

On January 25, 2024, appellant pro se Jessie Marquis MacWilliams filed a notice of appeal

from the trial court’s Agreed Judgment of Competency to Stand Trial. On January 30, 2024, the

clerk’s record was filed in this court. The clerk’s record does not contain an appealable order. As

a general rule, a criminal defendant’s right of appeal is limited to an appeal from a final judgment

of conviction. See TEX. CODE CRIM. PROC. art. 44.02; see also State v. Sellers, 790 S.W.2d 316,

321 n.4 (Tex. Crim. App. 1990) (“A defendant’s general right to appeal under [article 44.02] and

its predecessors has always been limited to appeal from a ‘final judgment,’ though the statute does 04-24-00060-CR

not contain this limitation on its face.”). Moreover, “[t]he courts of appeals do not have 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) (quoting Apolinar v. State, 820 S.W.2d 792,

794 (Tex. Crim. App. 1991)).

This record does not contain a final judgment, and it appears we lack jurisdiction over an

appeal from an Agreed Judgment of Competency to Stand Trial. See TEX. CODE CRIM. PROC. 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.”); Fiala v. State, No. 04-17-00170-CR, 2017

WL 3159439, at *1 (Tex. App.—San Antonio July 26, 2017, pet. ref’d) (mem. op., not designated

for publication) (dismissing appeal of competency determination for lack of jurisdiction).

We ordered MacWilliams to show cause by February 12, 2024, why this appeal should not

be dismissed for lack of jurisdiction. No response was filed. Accordingly, this appeal is dismissed

for lack of jurisdiction.

DO NOT PUBLISH

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