Ex Parte Denise McVea v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJuly 1, 2026
Docket04-26-00368-CR
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00368-CR
EX PARTE Denise McVEA
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-009187
Honorable Joel Perez, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: July 1, 2026
DISMISSED FOR LACK OF JURISDICTION
We have jurisdiction to consider an appeal by a criminal defendant from a final judgment
of conviction or as otherwise authorized by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex.
Crim. App. 2008). No statute authorizes an interlocutory appeal of an order denying a motion to
dismiss for violation of speedy trial rights, which is available only after a final judgment. See Ex
parte Delbert, 582 S.W.2d 145, 146 (Tex. Crim. App. 1979). In addition, “[n]o appeal lies from
the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the
application.” Ex parte Young, 257 S.W.3d 276, 277 (Tex. App.—Beaumont 2008, no pet.). If the
record shows that the trial court heard evidence and addressed the merits of the application, the
04-26-00368-CR
result is appealable. Ex parte Sifuentes, 639 S.W.3d 842, 846 (Tex. App.—San Antonio 2022, pet.
ref’d).
Denise McVea filed a notice of appeal stating she seeks to appeal the trial court’s denials
of her motion to dismiss for lack of a speedy trial and her applications for habeas corpus filed
under article 17.151 of the Texas Code of Criminal Procedure. The clerk’s record and the reporter’s
record from the pre-trial hearing have been filed. The clerk’s record does not contain any written
orders ruling on McVea’s speedy trial motion or her habeas corpus applications. The reporter’s
record shows the trial court orally denied McVea’s speedy trial motion. It also shows the trial court
heard no evidence on and did not address the merits of McVea’s pre-trial habeas corpus
applications.
We ordered McVea to show cause on or before June 16, 2026, why this appeal should not
be dismissed for lack of jurisdiction. McVea did not respond. Therefore, we dismiss this appeal
for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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