Gary W. Lowe v. State

• Court: Court of Appeals of Texas
• Decided: December 22, 2006
• Docket: 06-06-00244-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00244-CR

GARY W. LOWE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court Nos. 87-0277 & 87-0279

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Gary W. Lowe attempts to appeal from the trial court's denial of his motion for a judgment nunc pro tunc to correct his jail-time credit.

The right of appeal in a criminal case is a substantive right determined solely within the province of the Legislature. Hogans v. State, 176 S.W.3d 829, 832 (Tex. Crim. App. 2005); see also id. at 838 (Keller, P.J., dissenting) (discussing right to appeal is creature of statute, not right of constitutional origin); Ex parte Spring, 586 S.W.2d 482, 485-86 (Tex. Crim. App. 1978). "A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed." Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 1979). Generally, a criminal defendant may appeal only from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). "The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.--Fort Worth 2004, pet. ref'd).

We do not have jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc to correct jail-time credit. Sanchez v. State, 112 S.W.3d 311, 311 (Tex. App.--Corpus Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735, 735 (Tex. App.--Waco 2002, pet. dism'd); see State v. Ross, 953 S.W.2d 748, 751-52 (Tex. Crim. App. 1997); Allen v. State, 20 S.W.3d 164, 165 (Tex. App.--Texarkana 2000, no pet.).

We dismiss for want of jurisdiction.

Josh R. Morriss

Chief Justice

Date Submitted: December 21, 2006

Date Decided: December 22, 2006

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