Billy Wilson v. The State of Texas Appeal from 140th District Court of Lubbock County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-21-00312-CR BILLY WILSON, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2018-451,802, Honorable Douglas H. Freitag, Presiding January 21, 2022 MEMORANDUM OPINION Before PIRTLE and PARKER and DOSS, JJ. Appellant, Billy Wilson, attempts to appeal the trial court’s pretrial Judgment on Competency. Appellant was indicted for robbery. On December 7, 2021, a jury found Appellant competent to stand trial. The trial court entered a judgment on the jury’s verdict and this appeal followed. We now dismiss the appeal for want of jurisdiction. We have jurisdiction to consider an appeal by a criminal defendant only from a judgment of conviction or where appellate jurisdiction has been expressly granted by law. See Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). A pretrial judgment of competency to stand trial is neither a judgment of conviction nor an order made immediately appealable by statute. See TEX. CODE. CRIM. PROC. ANN. § 46B.011 (providing that neither the State nor a criminal defendant may make an interlocutory appeal relating to a determination or ruling on the issue of a defendant’s competency to stand trial); but cf. TEX. HEALTH & SAFETY CODE ANN. § 574.070 (permitting appeals from certain commitment proceedings after a finding of incompetency). By letter of December 28, 2021, we directed Appellant’s counsel to show how we have jurisdiction over the appeal by January 7, 2022. Appellant has not filed a response or had any further communication with this Court to date. Because Appellant has not presented this Court with a judgment of conviction or an appealable order, we dismiss the appeal for want of jurisdiction. Per Curiam Do not publish. 2

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