Roy Espinosa Anthony v. State

Opinion

MEMORANDUM OPINION No. 04-11-00031-CR

Roy Espinosa ANTHONY, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CR-10823 Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: March 16, 2011

DISMISSED FOR WANT OF JURISDICTION

The clerk’s record shows that appellant was indicted for driving while intoxicated-third

offense on October 26, 2010. The State subsequently filed a motion to dismiss the indictment

asserting that appellant had already been convicted of the offense in another case, Trial Court

No. 2009-CR-5539. The trial court granted the State’s motion to dismiss, and dismissed the

underlying case, Trial Court No. 2010-CR-10823, on December 6, 2010. Appellant filed a pro se

notice of appeal on December 22, 2010. There being no judgment of conviction or other 04-11-00031-CR

appealable order in this case, and no trial court certification of right to appeal, appellant was

ordered to show cause why this appeal should not be dismissed for want of jurisdiction. TEX. R.

APP. P. 25.2(a)(2). Appellant did not respond. Accordingly, this appeal is dismissed for want of

jurisdiction. TEX. R. APP. P. 25.2(d).

DO NOT PUBLISH

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