Jacob Garcia v. State of Texas ( 2012 )


Menu:
  • Opinion filed August 16, 2012
    In The
    Eleventh Court of Appeals
    __________
    No. 11-12-00224-CR
    __________
    JACOB GARCIA, Appellant
    V.
    STATE OF TEXAS, Appellee
    On Appeal from the 42nd District Court
    Taylor County, Texas
    Trial Court Cause No. 23,558-A
    MEMORANDUM OPINION
    Jacob Garcia has filed a pro se notice of appeal from the trial court’s order denying
    Garcia’s motion to dismiss the indictment on speedy trial grounds. In denying Garcia’s motion,
    the trial court noted that appellant “is currently incarcerated in the Federal Bureau of Prisons
    Canaan unit.” We dismiss the appeal.
    We wrote Garcia on July 26, 2012, and informed him that it did not appear that there had
    been a final, appealable order entered in this case. We requested that Garcia respond in writing
    on or before August 10, 2012, and show grounds to continue this appeal. Garcia has filed a
    response, but he has not shown grounds to continue. An intermediate court of appeals is not
    vested with jurisdiction to consider an appeal from an order denying a motion to quash an
    indictment. For a review of such a ruling, “there must be a conviction and appeal.” Ex parte
    Jones, 
    449 S.W.2d 59
    , 60 (Tex. Crim. App. 1970); see United States v. MacDonald, 
    435 U.S. 850
    (1978) (holding that a defendant may not, before trial, appeal a federal district court’s order
    denying a motion to dismiss an indictment because of the violation of the right to a speedy trial);
    Ex parte Doster, 
    303 S.W.3d 720
    (Tex. Crim. App. 2010); Ex parte Gasperson, No. 06-08-
    00113-CR, 
    2008 WL 5076826
    , at *1 (Tex. App.—Texarkana Nov. 26, 2008, no pet.) (mem. op.,
    not designated for publication). A pretrial motion to dismiss and a post-conviction appeal of the
    denial of that motion are the proper avenues to assert the denial of a right to a speedy trial. Ex
    parte Burgett, 
    850 S.W.2d 267
    , 269 (Tex. App.—Fort Worth 1993, no writ). Because the order
    from which Garcia appeals is an interlocutory order from which no appeal may be taken until
    after conviction, we have no jurisdiction to entertain his appeal.
    The appeal is dismissed for want of jurisdiction.
    PER CURIAM
    August 16, 2012
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Wright, C.J.,
    McCall, J., and Kalenak, J.
    2
    

Document Info

Docket Number: 11-12-00224-CR

Filed Date: 8/16/2012

Precedential Status: Precedential

Modified Date: 10/16/2015