Jonathan Wayne Tarvin v. State

Court of Appeals of Texas·Decided June 27, 2012·No. 04-12-00335-CR·Published

Opinion

MEMORANDUM OPINION No. 04-12-00335-CR

Jonathan Wayne TARVIN, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR0234 Honorable Andrew Carruthers, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: June 27, 2012

DISMISSED FOR LACK OF JURISDICTION

Appellant filed a notice of appeal seeking to appeal an agreed judgment of incompetency,

finding appellant incompetent to stand trial pursuant to article 46B.005 of the Texas Code of

Criminal Procedure and committing him to a state hospital for 120 days. The agreed judgment is

not appealable. See TEX. CODE CRIM. PROC. art. 46B.011; Queen v. State, 212 S.W.3d 619, 622-

23 (Tex. App.—Austin 2006, no pet.). 04-12-00335-CR

On June 5, 2012, appellant was ordered to show cause in writing why this appeal should

not be dismissed for lack of jurisdiction. Appellant did not respond to this court’s order.

Because the agreed judgment is not appealable, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

-2-

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Related

Queen v. State
212 S.W.3d 619 (Court of Appeals of Texas, 2006)