Opinion
No. 08-06-00192-CR
September 7, 2006. DO NOT PUBLISH.
Appeal from County Criminal Court No. 2 of El Paso County, Texas (Tc# 20050C15337).
Before BARAJAS, C.J., McCLURE, and CHEW, JJ. BARAJAS, C.J., not participating.
MEMORANDUM OPINION
Ramon Jesus Jeanmarie, pro se, attempts to appeal from an order granting the State's motion to dismiss. The Rules of Appellate Procedure provide that a criminal defendant has a right to appeal a judgment of guilty 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 an indictment or information is not an appealable order for purposes of Rule 25.2(a)(2). See Petty v. State, 800 S.W.2d 582, 583-84 (Tex.App.-Tyler 1990, no pet.) (applying federal law holding that dismissal of an indictment is not an appealable order and review of a dismissal order must await the outcome of a trial). We therefore dismiss this appeal for want of jurisdiction.
Tex. Code Crim.Proc.Ann. art. 44.01(a)(1) (Vernon Pamph. 2006).