Brian Glenn Ware v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJune 25, 2026
Docket02-26-00171-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00171-CR
___________________________
BRIAN GLENN WARE, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 89th District Court
Wichita County, Texas
Trial Court No. DC89-CR2025-1157
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant Brian Ware attempts to appeal the trial court’s order granting the
State’s motion to dismiss in trial court case number DC89-CR2025-1157. Because we
lack jurisdiction over this appeal, we dismiss it.
In the criminal context, our jurisdiction is generally limited to cases in which
the trial court has signed a judgment of conviction. Tex. Code Crim. Proc. art. 44.02;
Tex. R. App. P. 25.2(a)(2); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. —Fort
Worth 1996, no pet.) (per curiam). But a defendant cannot appeal an order dismissing
a criminal charge. Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App. —Fort Worth 2011,
pet ref’d).
We called this jurisdictional issue to Ware’s attention, and we gave him eleven
days to show grounds for continuing this appeal. See Tex. R. App. P. 44.3. Ware
responded and acknowledged that we might lack jurisdiction. He has not directed us
to an appealable order in case number DC89-CR2025-1157 but has asked us to clarify
any impact our disposition in this appeal would have on a separate appeal that he
filed.1
Because Ware has not shown grounds for continuing this appeal, we dismiss it
for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Appellant has also filed another appeal concerning trial court case number
1
DC89-CR2025-1145 that this court has docketed as appellate case number
02-26-00170-CR. That appeal remains pending before this court and is unaffected by
this opinion.
2
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: June 25, 2026
3