Unreported / Non-Citable
Background
Brian Ware appealed a trial court order granting the State’s motion to dismiss in a criminal case filed in the 89th District Court of Wichita County. Ware sought appellate review of this dismissal order and filed his notice of appeal in the Second Court of Appeals.
The appellate court identified a jurisdictional issue and gave Ware eleven days to demonstrate grounds for the appeal to proceed. Ware responded but did not direct the court to an appealable order from the trial court.
The Second Court of Appeals dismissed the appeal for want of jurisdiction. Under Texas law, appellate jurisdiction in criminal cases is generally limited to cases in which the trial court has signed a judgment of conviction, pursuant to Texas Code of Criminal Procedure art. 44.02 and Texas Rule of Appellate Procedure 25.2(a)(2).
The court held that a defendant cannot appeal an order dismissing a criminal charge. Because Ware’s case involved an order granting a motion to dismiss—rather than a judgment of conviction—the appellate court lacked jurisdiction to hear the appeal. The court therefore dismissed the case without reaching the merits of Ware’s arguments.