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Billy Wilson v. the State of Texas
07-21-00312-CR
Tex. App.
Jan 21, 2022
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Case Information

*1 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. *2 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 T EX . C ODE . C RIM . P ROC . A NN . § 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 . T EX . H EALTH & S AFETY C ODE A NN . § 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Per Curiam Do not publish.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

Case Details

Case Name: Billy Wilson v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Jan 21, 2022
Docket Number: 07-21-00312-CR
Court Abbreviation: Tex. App.
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