Roy Espinosa Anthony v. State

MEMORANDUM OPINION

No. 04-11-00031-CR

Roy Espinosa ANTHONY,

Appellant v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CR-10823

Honorable Mary Roman, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: March 16, 2011

DISMISSED FOR WANT OF JURISDICTION

The clerk’s record shows that appellant was indicted for driving while intoxicated-third offense on October 26, 2010. The State subsequently filed a motion to dismiss the indictment asserting that appellant had already been convicted of the offense in another case, Trial Court No. 2009-CR-5539. The trial court granted the State’s motion to dismiss, and dismissed the underlying case, Trial Court No. 2010-CR-10823, on December 6, 2010. Appellant filed a pro se notice of appeal on December 22, 2010. There being no judgment of conviction or other appealable order in this case, and no trial court certification of right to appeal, appellant was ordered to show cause why this appeal should not be dismissed for want of jurisdiction. TEX. R. APP. P. 25.2(a)(2). Appellant did not respond. Accordingly, this appeal is dismissed for want of jurisdiction. TEX. R. APP. P. 25.2(d).

PER CURIAM DO NOT PUBLISH