                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-13-00294-CR
                           ____________________

                     CHRIS PRESTONBACH, Appellant

                                        V.

                      THE STATE OF TEXAS, Appellee
_______________________________________________________           ______________

                   On Appeal from the 435th District Court
                        Montgomery County, Texas
                      Trial Cause No. 13-01-00730 CR
________________________________________________________           _____________

                         MEMORANDUM OPINION

      On August 1, 2013, we notified the parties that our jurisdiction was not

apparent from the notice of appeal and the appeal would be dismissed for want of

jurisdiction unless we received a response showing grounds for continuing the

appeal. No response has been filed.

      The notice of appeal seeks to appeal the denial of a motion to quash the

indictment. The order is not appealable prior to conviction. See Apolinar v. State,

820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Ahmad v. State, 158 S.W.3d 525

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(Tex. App.—Fort Worth 2004, pet. ref’d). Accordingly, we dismiss the appeal for

want of jurisdiction.

      APPEAL DISMISSED.




                                           ________________________________
                                                   STEVE McKEITHEN
                                                       Chief Justice



Opinion Delivered September 4, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.




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