Nikolaj Zbikowski v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 14, 2023
• Docket: 04-23-00321-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00321-CR

Nikolaj ZBIKOWSKI, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR0416 Honorable Andrew Carruthers, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 14, 2023

DISMISSED FOR LACK OF JURISDICTION

Appellant Nikolaj Zbikowski, proceeding pro se, seeks to appeal an “Agreed Judgment of

Incompetency” finding appellant incompetent to stand trial and committing him to a mental health

facility for 120 days for examination and treatment toward the objective of attaining competency

to stand trial. TEX. CODE CRIM. PROC. ANN. art. 46B.005. The challenged ruling is not appealable.

See TEX. CODE CRIM. PROC. ANN. art. 46B.011 (“Neither the state nor the defendant is entitled to

make an interlocutory appeal relating to a determination or ruling under Article 46B.005.”). 04-23-00321-CR

On May 3, 2023, we ordered appellant to show cause in writing by June 2, 2023 why this

appeal should not be dismissed for lack of jurisdiction. Appellant timely filed a response, but it is

inadequate to show that this court has jurisdiction over his appeal. Because this court lacks

jurisdiction to consider an interlocutory appeal of an order finding a defendant incompetent to

stand trial on the merits, the appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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