Ex Parte Luther Garner

• Court: Court of Appeals of Texas
• Decided: November 19, 2008
• Docket: 09-08-00438-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-438 CR

EX PARTE LUTHER GARNER

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 85555, 89302

MEMORANDUM OPINION

Luther Garner, appellant, appeals from the trial court's order denying his request for access to the record after conviction. Unless specifically authorized by statute, an appellate court has jurisdiction to consider an appeal by a criminal defendant only from a final judgment of conviction. See Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); Benford v. State, 994 S.W.2d 404, 409 (Tex. App.-Waco 1999, no pet.); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.).

Garner has not demonstrated that the denial of his post-conviction motion requesting access to the record is a separately appealable order. Therefore, we lack jurisdiction to review the ruling on Garner's motion. Accordingly, we dismiss the appeal and deny all pending motions.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered November 19, 2008

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.