Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00264-CR
Sheldon BARNES,
Appellant
v.
The STATE of Texas,
Appellee
From the Criminal District Court, Magistrate Court, Bexar County, Texas
Trial Court No. 2021CR4518
Honorable Andrew Carruthers, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: August 25, 2021
DISMISSED FOR LACK OF JURISDICTION
Appellant, who was indicted on two counts of criminal mischief, attempts to appeal the
trial court’s ruling that he is incompetent to stand trial. The challenged ruling is not appealable.
See TEX. CODE CRIM. PROC. ANN. art. 46B.011 (“Neither the state nor the defendant is entitled to
make an interlocutory appeal relating to a determination or ruling under Article 46B.005.”). 1 On
July 13, 2021, we ordered appellant to show cause in writing no later than July 30, 2021 why this
1
A ruling under Article 46B.005 is a ruling regarding a defendant’s incompetency to stand trial. TEX. CODE CRIM.
PROC. ANN. art. 46B.005.
04-21-00264-CR
appeal should not be dismissed for lack of jurisdiction. Appellant has not responded. This appeal
is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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