Jose David Diaz v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 30, 2025
• Docket: 04-25-00187-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00187-CR

Jose David DIAZ, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR4273 Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: April 30, 2025

DISMISSED FOR WANT OF JURISDICTION

In the underlying criminal case, Appellant, Jose David Diaz, was indicted for the felony

offense of aggravated assault with a deadly weapon. On February 24, 2025, however, the State

filed a motion to dismiss the indictment, which the trial court granted the same day. Nevertheless,

Diaz filed a timely notice of appeal on March 21, 2025.

“A criminal defendant is not permitted to appeal a trial court’s order dismissing a charge

against him.” Kozitzki v. State, No. 04-23-00511-CR, 2023 WL 3856707, at *1 (Tex. App.—San

Antonio June 7, 2023, no pet.) (mem. op., not designated for publication) (citing Bohannon v. 04-25-00187-CR

State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011, pet. ref’d); Petty v. State, 800 S.W.2d

582, 583–84 (Tex. App.—Tyler 1990, no pet.)). As a result, we ordered Diaz to show cause why

this appeal should not be dismissed for want of jurisdiction. Diaz failed to respond to our order. 1

Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss any pending

motions as moot.

DO NOT PUBLISH

1 Although Diaz is represented by counsel, he filed two pro se documents after we issued our show cause order. Neither document, however, provides any response to our order.

-2-