Miguel Angel Covarrubias v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 04-22-00831-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00831-CR

Miguel Angel COVARRUBIAS, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR10931 Honorable Frank J. Castro, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: January 11, 2023

DISMISSED FOR WANT OF JURISDICTION

On November 28, 2022, Appellant Miguel Angel Covarrubias, representing himself, filed

a notice of appeal. The notice of appeal does not indicate the date on which the trial court rendered

a final judgment. The clerk’s record shows Appellant has been indicted, but it does not include a

final order or judgment or give any indication that either a hearing on a dispositive motion or a

trial was held.

On December 16, 2022, we advised Appellant that the clerk’s record does not contain an

appealable judgment or order. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (authorizing a 04-22-00831-CR

defendant in a criminal action to appeal); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App.

2008) (reiterating that the right to appeal under article 44.02 is limited to appeal from a final

judgment). We ordered Appellant to show cause in writing by January 3, 2023, why this appeal

should not be dismissed for want of jurisdiction. We warned Appellant that if he failed to show

cause in writing as ordered, this appeal would be dismissed for want of jurisdiction. See Abbott,

271 S.W.3d at 697 n.8.

To date, Appellant has not filed any response. Accordingly, we dismiss this appeal for

want of jurisdiction.

Do not publish

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