Jose Moreno v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00523-CR

Jose MORENO, Appellant

v. The STATE of The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. NM182574 Honorable Andrew Carruthers, Magistrate Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: August 28, 2013

DISMISSED FOR LACK OF JURISDICTION

Jose Moreno filed a pro se notice of appeal from the Magistrate’s July 15, 2013 ruling that

Moreno is competent to stand trial. A competency hearing is an ancillary proceeding, and a

competency order is not a final judgment. Morales v. State, 801 S.W.2d 624 (Tex. App.—Dallas

1990), aff’d, 830 S.W.2d 139, 140 (Tex. Crim. App. 1992) (per curiam). A preliminary finding

that defendant is competent to stand trial is not appealable until after the trial on the merits. Id.;

Celani v. State, 940 S.W.2d 327, 329 (Tex. App.—San Antonio 1997, pet. ref’d). 04-13-00523-CR

On August 5, 2013, we ordered appellant to show cause why his appeal should not be

dismissed for lack of jurisdiction. Appellant’s trial attorney has filed a response in which he

concurs that there has been no appealable order. Accordingly, we dismiss this appeal for lack of

jurisdiction.

DO NOT PUBLISH

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