Ex Parte: Roy Bailey Appeal from 202nd District Court of Bowie County (dissenting memorandum opinion )

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00202-CR EX PARTE: ROY BAILEY On Appeal from the 202nd District Court Bowie County, Texas Trial Court No. 15F0530-202 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION “For a court to act, it must have jurisdiction to do so.” In re Rubio, 55 S.W.3d 238, 241 (Tex. App.—Corpus Christi 2001, orig. proceeding). “In criminal matters, the presentment of an indictment invests the court with jurisdiction [over] the cause.” Id. (citing TEX. CONST. art. V, § 12(b)). We have been informed in the present case that an indictment was never presented against the appellant and that the charges against him have been dismissed. Consequently, the trial court was never invested with jurisdiction over this matter and we, in turn, are without jurisdiction over this appeal. In light of the foregoing, we dismiss this appeal for want of jurisdiction. Bailey C. Moseley Justice Date Submitted: Date Decided: December 15, 2015 December 16, 2015 Do Not Publish 2

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