Jose David Diaz v. the State of Texas

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00187-CR Jose David DIAZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR4273 Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: April 30, 2025 DISMISSED FOR WANT OF JURISDICTION In the underlying criminal case, Appellant, Jose David Diaz, was indicted for the felony offense of aggravated assault with a deadly weapon. On February 24, 2025, however, the State filed a motion to dismiss the indictment, which the trial court granted the same day. Nevertheless, Diaz filed a timely notice of appeal on March 21, 2025.

“A criminal defendant is not permitted to appeal a trial court’s order dismissing a charge against him.” Kozitzki v. State, No. 04-23-00511-CR, 2023 WL 3856707, at *1 (Tex. App.—San Antonio June 7, 2023, no pet.) (mem. op., not designated for publication) (citing Bohannon v. 04-25-00187-CR

State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011, pet. ref’d); Petty v. State, 800 S.W.2d 582, 583–84 (Tex. App.—Tyler 1990, no pet.)). As a result, we ordered Diaz to show cause why this appeal should not be dismissed for want of jurisdiction. Diaz failed to respond to our order. 1 Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss any pending motions as moot.

PER CURIAM DO NOT PUBLISH

Although Diaz is represented by counsel, he filed two pro se documents after we issued our show cause order. Neither document, however, provides any response to our order.

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