Erica Dawn Haywood v. State

MEMORANDUM OPINION

No. 04-11-00703-CR

Erica Dawn HAYWOOD,

Appellant v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR4672

Honorable Andrew Carruthers, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 26, 2011

DISMISSED FOR LACK OF JURISDICTION

Appellant has filed a notice of appeal seeking to appeal the trial court’s order determining appellant to be incompetent to stand trial. On September 28, 2011, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Our order noted “[n]either the state nor the defendant is entitled to make an interlocutory appeal” of the trial court’s competency determination. TEX. CODE CRIM. PROC. art. 46B.011; Queen v. State, 212 S.W.3d 619 (Tex. App.—Austin 2006, no pet.). Appellant did not respond to our order.

Because we lack jurisdiction to consider this interlocutory appeal, the appeal is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH