Ramon Jesus Jeanmarie v. The State of Texas--Appeal from County Criminal Court No. 2 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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RAMON JESUS JEANMARIE, ) No. 08-06-00192-CR

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Appellant, ) Appeal from

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v. ) County Criminal Court No. 2

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THE STATE OF TEXAS, ) of El Paso County, Texas

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Appellee. ) (TC# 20050C15337)

MEMORANDUM OPINION

Ramon Jesus Jeanmarie, pro se, attempts to appeal from an order granting the State s motion to dismiss. The Rules of Appellate Procedure provide that a criminal defendant has a right to appeal a judgment of guilty or other appealable order. See Tex.R.App.P. 25.2(a)(2). Although the State is expressly permitted by statute to appeal an order dismissing an indictment // , this right of appeal has not been extended to the defendant by statute or rule. Consequently, an order dismissing an indictment or information is not an appealable order for purposes of Rule 25.2(a)(2). See Petty v. State, 800 S.W.2d 582, 583-84 (Tex.App.--Tyler 1990, no pet.)(applying federal law holding that dismissal of an indictment is not an appealable order and review of a dismissal order must await the outcome of a trial). We therefore dismiss this appeal for want of jurisdiction.

September 7, 2006

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

Barajas, C.J., not participating

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