25 25 v. 305 593 594 2010 (2011)

Court of Appeals of Texas, Waco.

The rules of appellate procedure provide that a criminal defendant has the right to appeal a judgment of guilt or other appealable order.  See Tex.R.App. P. 25.2(a)(2).  Although the State is expressly permitted by statute to appeal an order dismissing an indictment, this right of appeal has not been extended to the defendant by statute or rule.  Consequently, an order dismissing a charging instrument is not an appealable order for purposes of rule 25.2(a)(2) if a defendant brings the appeal.  See Petty v. State, 800 S.W.2d 582, 583–84 (Tex.App.––Tyler 1990, no pet.) (applying federal law holding that a dismissal of an indictment is not an appealable order and review of a dismissal order must await the outcome of a trial).  Accordingly, we dismiss this appeal for want of jurisdiction.  See Tex.R.App. P. 43.2(f);  Skinner v. State, 305 S.W.3d 593, 594 (Tex.Crim.App.2010).

NO. 02–11–00105–CR

Decided: May 31, 2011