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Ray v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 23, 2021
No. 05-21-00997-CR (Tex. App. Nov. 23, 2021)

Opinion

05-21-00997-CR

11-23-2021

DEREK PAUL RAY SR., Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish TEX. R. APP. P. 47.2(B)

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F96-51596-I

Before Justices Pedersen, III, Goldstein, and Smith

MEMORANDUM OPINION

CRAIG SMITH JUSTICE.

Derek Paul Ray Sr. appeals his conviction for injury to a child. On November 15, 2021, appellant filed his pro se notice of appeal with this Court, stating he was appealing the trial court's denial of his motion for judgment nunc pro tunc on back time credit. We dismiss this appeal.

An appellate court has jurisdiction to determine an appeal only if the appeal is authorized by law. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). When the appellate court's jurisdiction is not legally invoked, the court's power to act is as absent as if it did not exist. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Appellate courts may consider criminal appeals only after final conviction or the entry of a narrow set of appealable interlocutory orders. Tex.R.App.P. 26.2(a)(1); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.).

Here, appellant seeks to appeal the trial court's denial of his motion for judgment nunc pro tunc on back time credit. However, the denial of a nunc pro tunc on back-time credit is not appealable. See Abbott, 271 S.W.3d at 697 ("In this case, we have not found any rule or any statutory or constitutional provision that would authorize appellant's appeal from the trial court's post-judgment order denying his time-credit motion."). Because there is no rule or statutory or constitutional provision allowing such an appeal, we conclude we lack jurisdiction. See id.

We dismiss this appeal.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered.


Summaries of

Ray v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 23, 2021
No. 05-21-00997-CR (Tex. App. Nov. 23, 2021)
Case details for

Ray v. State

Case Details

Full title:DEREK PAUL RAY SR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 23, 2021

Citations

No. 05-21-00997-CR (Tex. App. Nov. 23, 2021)