Casey Ray Escobar v. the State of Texas

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00182-CR

Casey Ray ESCOBAR,

Appellant v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR6126

Honorable Michael E. Mery, Judge Presiding PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: September 22, 2021

DISMISSED FOR WANT OF JURISDICTION

On May 7, 2021, Appellant Casey Ray Escobar filed a pro se notice of appeal. The notice of appeal states that he was sentenced on April 14, 2021. However, the Bexar County District Clerk’s Certificate of Notice of Appeal states that Escobar’s case was dismissed.

The State’s motion to dismiss indicated that Escobar was sentenced under another cause number. The motion to dismiss was filed by the State and signed by the trial court on January 24, 2020. The clerk’s record for Escobar’s appeal contains no final appealable order or judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (authorizing a defendant in a criminal action to appeal); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under article 44.02 is limited to appeal from a final judgment).

On July 6, 2021, we ordered Appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. We cautioned Appellant that if he failed to show cause in writing as ordered, this appeal would be dismissed for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8. Appellant has filed no response.

Accordingly, as the clerk’s record does not contain an appealable judgment or order, and Appellant did not file any response to show how this court has jurisdiction in this appeal, we dismiss this appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH