Irma Leyva Young v. State

MEMORANDUM OPINION

No. 04-11-00628-CR

Irma Leyva YOUNG,

Appellant v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CR-3381

Honorable Andrew Carruthers, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 2, 2011

DISMISSED FOR WANT OF JURISDICTION

Appellant seeks to appeal an “Agreed Judgment of Incompetency” finding appellant incompetent to stand trial and committing her to a mental health facility for 120 days for examination and treatment toward the objective of attaining competency to stand trial. See TEX. CODE CRIM. PROC. ANN. arts. 46B.005(c), 46B.054, 46B.073 (West 2006 & Supp. 2010). Article 46B.011 expressly provides that, “Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005.” Id. art.

46B.011 (West 2006). Therefore, on September 27, 2011, we issued an order instructing appellant to show cause why this appeal should not be dismissed for want of jurisdiction. Counsel for appellant filed a written response agreeing that this appeal should be dismissed for want of jurisdiction. Accordingly, this appeal is dismissed for want of jurisdiction.

PER CURIAM DO NOT PUBLISH