Brian Glenn Ware v. the State of Texas

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________

No. 02-26-00171-CR
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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
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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.

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/s/ Elizabeth Kerr
Elizabeth Kerr
Justice

Do Not Publish
Tex. R. App. P. 47.2(b)

Delivered: June 25, 2026

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