Texas Case Law

Unpublished

LOWE v. STATE, 06-06-00244-CR (Tex.App.-Texarkana [6th
Dist.] 12-22-2006) GARY W. LOWE, Appellant v. THE STATE OF
TEXAS, Appellee. No. 06-06-00244-CR Court of Appeals of
Texas, Sixth District, Texarkana. Date Submitted: December
21, 2006. Date Decided: December 22, 2006. Do Not Publish

[EDITOR’S NOTE: This case is unpublished as indicated by the
issuing court.] 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

JOSH R. MORRISS, Chief Justice.

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.