From Casetext: Smarter Legal Research

Wade v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 6, 2014
NO. 03-14-00203-CR (Tex. App. May. 6, 2014)

Opinion

NO. 03-14-00203-CR

05-06-2014

Michael Todd Wade, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 28865, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING


MEMORANDUM OPINION

Appellant Michael Todd Wade, appearing pro se, seeks to appeal from the trial court's denial of his motion for judgment nunc pro tunc. In criminal cases, unless expressly authorized by statute, appellate courts only have jurisdiction to review final judgments. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see Tex. Code Crim. Proc. art. 44.02 ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). An order denying a motion for judgment nunc pro tunc is not a final, appealable order. Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.); see Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (no jurisdiction over appeal of post-judgment order denying time-credit motion). Nor does the denial create a right to an interlocutory appeal. Castor, 205 S.W.3d at 667. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

___________

Scott K. Field, Justice
Before Justices Puryear, Goodwin, and Field Dismissed for Want of Jurisdiction Do Not Publish


Summaries of

Wade v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 6, 2014
NO. 03-14-00203-CR (Tex. App. May. 6, 2014)
Case details for

Wade v. State

Case Details

Full title:Michael Todd Wade, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: May 6, 2014

Citations

NO. 03-14-00203-CR (Tex. App. May. 6, 2014)