Steven Mitchell Gary v. The State of Texas Appeal from 175th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00520-CR Steven Mitchell GARY, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR2945 Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: August 13, 2014 DISMISSED FOR LACK OF JURISDICTION Steven Mitchell Gary filed a notice of appeal on July 18, 2014. The notice states Gary desires to appeal the indictment against him. The courts of appeal have jurisdiction of an appeal by a criminal defendant only after a conviction or when an appeal is specifically authorized by statute. Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961); see Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). There is no statute authorizing a criminal defendant to appeal an indictment. 04-14-00520-CR On July 30, 2014, we ordered Gary to show cause why this appeal should not be dismissed for lack of jurisdiction. Gary filed a response in which he complains there are irregularities in the indictment and that he is receiving ineffective assistance of counsel. Neither of these matters may be directly appealed before conviction. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM Do not publish -2-
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