Opinion
No. 04-16-00148-CR
05-25-2016
Jacques Montrey DURHAM, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR3667A
Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED FOR WANT OF JURISDICTION
On March 30, 2015, Appellant Jacques Montrey Durham was indicted for causing bodily injury while committing theft of property. On January 16, 2016, Appellant filed a motion to quash the indictment. The State moved to amend the indictment, and after a hearing, the trial court granted the State's motion on February 29, 2016. On March 23, 2016, Appellant filed a notice of appeal challenging the trial court's February 29, 2016 order that allegedly denied Appellant's motion to quash the indictment.
On April 4, 2016, we notified Appellant that the clerk's record does not appear to contain an appealable order or judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (authorizing a defendant in a criminal action to appeal); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under article 44.02 is limited to appeal from a final judgment). We ordered Appellant to show cause in writing not later than April 25, 2016, why this appeal should not be dismissed for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8.
On May 11, 2016, Appellant filed a response which we consider. He moved this court to (1) abate our April 4, 2016 order, (2) order the trial court to comply with Appellant's motion seeking findings of fact and conclusions of law, (3) and order the court reporter to transcribe the grand jury's minutes. Further, he asserted various complaints about the indictment. Appellant did not identify an appealable order or judgment he asks this court to review.
Having reviewed the clerk's record, we conclude it does not contain an appealable order or judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.02; Abbott, 271 S.W.3d at 697 n.8. Therefore, we have no authority to address Appellant's complaints. See Abbott, 271 S.W.3d at 697 ("[C]ourts of appeals have no appellate jurisdiction in criminal matters 'absent a specific authorization by law.'" (quoting Abbott v. State, 245 S.W.3d 19, 23 (Tex. App.—Waco 2007), rev'd, 271 S.W.3d 694 (Tex. Crim. App. 2008)) (Gray, C.J., dissenting)). We dismiss this appeal for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8.
PER CURIAM DO NOT PUBLISH