Craig MacK v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00006-CR

CRAIG MACK, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 1991-509-C

MEMORANDUM OPINION

On January 5, 2018, inmate Craig Mack filed a “Notice of Appeal,” challenging the

trial court’s denial of his “Motion for Opportunity to be Heard on Judicial Notice.” The

right of appeal in criminal cases is conferred by the Legislature, and a party may appeal

only from judgments of conviction or interlocutory orders authorized as appealable. See

TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 25.2(a)(2); see also

Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (“‘[T]he standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the

appeal is authorized by law.’” (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim.

App. 2008))). In this case, appellant does not appeal from a judgment of conviction or an

appealable, interlocutory order. See, e.g., Mack v. State, No. 10-17-00383-CR, ___ S.W.3d

___, 2017 Tex. App. LEXIS 11326 (Tex. App.—Waco Dec. 6, 2017, no pet.). Because this

appeal is not from a judgment of conviction or an appealable interlocutory order, we have

no jurisdiction. See Ragston, 424 S.W.3d at 52; Abbott, 271 S.W.3d at 696-97; see also Mack,

2017 Tex. App. LEXIS 11326. Accordingly, this appeal is dismissed.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed January 24, 2018 Do not publish [CRPM]

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