Downs, Damon A/K/A Barney Joe Donaldson, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: July 11, 2002
• Docket: 01-02-00252-CR
• Status: Published

Opinion

Opinion issued July 11, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00252-CR

DAMON DOWNS

aka BARNEY JOE DONALSON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District court

Harris County, Texas

Trial Court Cause No. 451100

MEMORANDUM OPINION

Appellant, Damon Downs, was convicted of retaliation by a jury and sentenced to 10 years confinement. We affirmed the conviction. See Downs v. State, No. 01-86-00811-CR (Tex. App.--Houston [1st Dist.] Apr. 2, 1987, no pet.) (not designated for publication).

On November 6, 2001, appellant filed a motion for additional time credit that was denied by the trial court. On December 6, 2001, appellant filed notice of appeal from the trial court's order.

The right to appeal in a criminal case is a statutory right. Ex parte Shumake, 953 S.W.2d 842, 843-44 (Tex. App.--Austin 1997, no pet.). We are aware of no authority that permits a direct appeal from an order denying additional time credit.

In addition, the granting of credit for time served has historically been accomplished by post-conviction writ of habeas corpus. See Tex. Code Crim. P. Ann. art. 11.07 (Vernon Supp. 2002); Ex parte Dunn, 976 S.W.2d 208, 210-11 (Tex. Crim. App. 1998).

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Schneider, and Justices Nuchia and Radack.

Do not publish. Tex. R. App. P. 47.