TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00186-CR

Wardell Moore, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT NO. 2006R-041, HONORABLE DAN R. BECK, JUDGE PRESIDING

MEMORANDUM OPINION

Wardell Moore is awaiting trial on an indictment for aggravated assault of a public servant. Moore’s appointed lawyer filed a motion to dismiss the prosecution on speedy trial grounds.

The trial court signed an order granting the motion on the day it was filed, but the State moved for reconsideration because it had not been given notice or an opportunity to reply. The trial court granted the State’s motion and scheduled a hearing on the motion. Following the hearing, the motion to dismiss was overruled. Moore then filed a pro se notice of appeal.

An order overruling a motion to dismiss on speedy trial grounds is an unappealable interlocutory order. Ex parte Jones, 449 S.W.2d 59, 60 (Tex. Crim. App. 1970). Whether the motion should have been granted is an issue that may be raised on appeal following conviction. Id. The appeal is dismissed.

___________________________________________ G. Alan Waldrop, Justice Before Justices Patterson, Pemberton and Waldrop Dismissed for Want of Jurisdiction Filed: May 25, 2007 Do Not Publish