Jeffrie McFarlin v. The State of Texas Appeal from 186th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00606-CR Jeffrie MCFARLIN, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR1389 Honorable Andrew Wyatt Carruthers, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 15, 2017 DISMISSED The trial court’s certification in this appeal states that “this criminal case is a verdict resulting from a jury determination on the issue of competency to stand trial to which there is no right of interlocutory appeal.” The clerk’s record contains the jury’s verdict that Appellant is competent to stand trial and a judgment of competency—rendered on the jury’s verdict—by the Criminal Law Magistrate of Bexar County. “A judgment from a pretrial competency hearing is not reviewable until the matter is raised in an appeal from a full trial on the merits.” Morales v. State, 801 S.W.2d 624, 625 (Tex. App.— 04-17-00606-CR Dallas 1990), aff’d, 830 S.W.2d 139 (Tex. Crim. App. 1992); accord Moreno v. State, No. 04-1300523-CR, 2013 WL 4679163, at *1 (Tex. App.—San Antonio Aug. 28, 2013, no pet.) (mem. op., not designated for publication). This court must dismiss this appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). On September 25, 2017, we ordered Appellant to cause an amended trial court certification to be filed in this court not later than October 25, 2017, showing Appellant has the right of appeal. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). We warned Appellant that if no amended trial court certification was filed as ordered, we would dismiss this appeal. See TEX. R. APP. P. 25.2(d). To date, no response has been filed. Absent an amended trial court certification showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is dismissed. PER CURIAM DO NOT PUBLISH -2-
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