Rogelio Herrera Guerrero v. State

MEMORANDUM OPINION No. 04-11-00378-CR Rogelio Herrera GUERRERO, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR11637 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: August 3, 2011 DISMISSED FOR LACK OF JURISDICTION Based on the clerk’s record filed in this appeal, it appears that appellant is seeking to appeal the trial court’s dismissal of the charges filed against him. An order dismissing charges is not an order appealable by a defendant. See Bohannan v. State, No. 02-11-00105-CR, 2011 WL 2119688, at *1 (Tex. App.—Fort Worth May 26, 2011, no pet.). On July 8, 2011, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of 04-11-00378-CR jurisdiction. Appellant did not respond to the order. Because an order dismissing charges it not an order appealable by a defendant, this appeal is dismissed for lack of jurisdiction. See id. PER CURIAM DO NOT PUBLISH -2-