Steven Mitchell Gary v. State

• Court: Court of Appeals of Texas
• Decided: July 30, 2014
• Docket: 04-14-00520-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas July 30, 2014

No. 04-14-00520-CR

Steven Mitchell GARY, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR2945 Honorable Mary D. Roman, Judge Presiding

ORDER Steven Mitchell Gary filed a notice of appeal on July 18, 2014. The notice states Gary desires to appeal the indictment against him.

The courts of appeal have jurisdiction of an appeal by a criminal defendant only after a conviction or when an appeal is specifically authorized by statute. Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961); see Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). There is no statute authorizing a criminal defendant to appeal an indictment.

We therefore order a response due August 14, 2014, showing why this appeal should not be dismissed for want of jurisdiction. If Gary fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

All deadlines in this matter are suspended until further order of the court.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court