Opinion
Nos. 05-03-01232-CR, 05-03-01247-CR.
Opinion Filed August 26, 2003. DO NOT PUBLISH. Tex.R.App.P. 47
Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause Nos. 380-80390-02, 199-81702-02. Dismiss.
Before Justices MORRIS, WRIGHT, and MOSELEY.
OPINION
Sebastian Green Lamar was indicted for the felony offenses of aggravated assault. Following a jury trial on the issue, appellant was found incompetent to stand trial and ordered committed to the North Texas State Hospital, Vernon Campus. See Tex. Code Crim. Proc. Ann. art. 46.02, § 5 (Vernon Supp. Pamph. 2003). Appellant thereafter appealed. "[A] preliminary hearing to determine competence is ancillary to the main criminal proceeding." Jackson v. State, 548 S.W.2d 685, 690 (Tex.Crim.App. 1977). As such, there is no direct appeal from a judgment entered in a pretrial competency hearing. See id.; Morales v. State, 801 S.W.2d 624, 625-26 (Tex.App.-Dallas 1990), aff'd, 830 S.W.2d 139 (Tex.Crim.App. 1992) (per curiam); Minor v. State, 624 S.W.2d 702, 703 (Tex.App.-El Paso 1981, pet. ref'd). Rather, review of a pretrial hearing on competency is done when the matter is raised in an appeal from a trial on the merits. See Jackson, 548 S.W.2d at 690; Morales, 801 S.W.2d at 626. In these cases, the State could not go forward after the jury found appellant incompetent; therefore, there are no judgments of conviction. Because appellant may not appeal the competency hearing, we have no jurisdiction over these appeals. See Morales, 801 S.W.2d at 626. Accordingly, we dismiss the appeals for want of jurisdiction.