Jose Antonio Quintanilla v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00166-CR

Jose Antonio QUINTANILLA, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2024-PF-05822 Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: May 13, 2026

DISMISSED FOR WANT OF JURISDICTION

On March 2, 2026, appellant filed a notice of appeal, providing he wished to appeal his

judgment and sentence rendered on January 29, 2026. The clerk’s record has also been filed in this

appeal. It shows appellant’s indictment in cause no. 2024PF05822—the cause number appealed in this

appeal (04-26-00166-CR)—was dismissed on February 5, 2025.

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; State v. Sellers, 790 S.W.2d 316, 321 04-26-00166-CR

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 not

contain this limitation on its face.”); cf. TEX. CODE CRIM. PROC arts. 44.01(a)(1) (providing state may

appeal dismissal of indictment). An order dismissing an indictment is not an order from which an

appellant may appeal. See Petty v. State, 800 S.W.2d 582, 584 (Tex. App.—Tyler 1990, no writ); see

also Sinclair v. State, No. 01-18-00479-CR, 2018 WL 4132258, at *1 (Tex. App.—Houston [1st Dist.]

Aug. 30, 2018, no pet.) (mem. op., not designated for publication); Bohannan v. State, 352 S.W.3d 47,

48 (Tex. App.—Fort Worth 2011, pet. ref’d) (“Although the State is expressly permitted by statute to

appeal an order dismissing an indictment, this right of appeal has not been extended to the defendant

by statute or rule.”). Accordingly, because this case was dismissed, we have no jurisdiction to consider

this appeal.

We, therefore ordered appellant to show cause no later than April 22, 2026 why this appeal

should not be dismissed for lack of jurisdiction. We admonished appellant if a supplemental clerk’s

record was required to show appellant has the right to appeal, appellant was required to request a

supplemental record from the trial court clerk and file a copy of the request with this court. We further

admonished appellant if he failed to satisfactorily respond to our order within the time provided, the

appeal would be dismissed. Appellant did not respond to our order.

Accordingly, we dismiss this appeal for lack of jurisdiction.

DO NOT PUBLISH

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