Jose Moreno v. State

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas August 05, 2013

No. 04-13-00523-CR

Jose MORENO, Appellant

v.

The STATE of Texas, Appellee

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

SHOWCAUSEORDER

Jose Moreno filed a notice of appeal from the trial court’s July 15, 2013 order finding him 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). It thus appears to this court that we lack jurisdiction to consider Moreno’s appeal.

We order a response due August 26, 2013, showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). Appellant has the burden to request the trial court clerk prepare a clerk’s record containing the pleadings and orders appellant contends will show this court’s jurisdiction. Appellant must file a copy of any such request with this court.

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 5th day of August, 2013.

___________________________________ Keith E. Hottle Clerk of Court