Court of Civil Appeals of Texas, 2023

Alan Perez v. the State of Texas

Alan Perez v. the State of Texas
Court of Civil Appeals of Texas · Decided January 11, 2023

Alan Perez v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas January 11, 2023 No. 04-22-00664-CR Alan PEREZ, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR6797 Honorable Michael E. Mery, Judge Presiding

ORDER On September 28 2022, appellant filed a pro se notice of appeal of trial court cause number 2022CR6797. On October 6, 2022, the district clerk filed the clerk’s record, which contains the trial court’s September 16, 2022 order dismissing the criminal action.

In general, we have jurisdiction to consider an appeal by a criminal defendant only when the trial court has signed a judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (citing Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim.

App. 1961)).

Because there is no judgment of conviction, we ORDER appellant to file a response showing why this appeal should not be dismissed for want of jurisdiction by February 10, 2023.

If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the district clerk to prepare one and notify this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on the trial court, all counsel, appellant, and the court reporter. _________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of January, 2023.

___________________________________ Michael A. Cruz, Clerk of Court

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