Jose Moreno v. The State of TexasAppeal from 399th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00523-CR Jose MORENO, Appellant v. The STATE of The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. NM182574 Honorable Andrew Carruthers, Magistrate Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: August 28, 2013 DISMISSED FOR LACK OF JURISDICTION Jose Moreno filed a pro se notice of appeal from the Magistrate s July 15, 2013 ruling that Moreno is competent to stand trial. A competency hearing is an ancillary proceeding, and a competency order is not a final judgment. Morales v. State, 801 S.W.2d 624 (Tex. App. Dallas 1990), aff d, 830 S.W.2d 139, 140 (Tex. Crim. App. 1992) (per curiam). A preliminary finding that defendant is competent to stand trial is not appealable until after the trial on the merits. Id.; Celani v. State, 940 S.W.2d 327, 329 (Tex. App. San Antonio 1997, pet. ref d). 04-13-00523-CR On August 5, 2013, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant s trial attorney has filed a response in which he concurs that there has been no appealable order. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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