Opinion
No. 05-20-00539-CR
06-23-2020
TIMOTHY ERIC WALTERS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F11-00309-I
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Osborne
On April 23, 2012, the trial court found Timothy Eric Walters guilty of aggravated robbery and sentenced him to twenty-five years in prison. On May 15, 2020, appellant's pro se notice of appeal was filed with this Court, stating he was appealing the trial court's "appealable order dated April 10, 2020" dismissing his motion for nunc pro tunc back time credit.
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.).
According to the district clerk's office, appellant filed a motion for judgment nunc pro tunc on April 10, 2020 but no order has issued. Because there is no written order, we lack jurisdiction. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.—Dallas 1985, no pet.) (court of appeals has no jurisdiction over appeal absent written judgment or order).
We dismiss this appeal.
/Leslie Osborne
LESLIE OSBORNE
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200539F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F11-00309-I.
Opinion delivered by Justice Osborne. Justices Whitehill and Carlyle participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered June 23, 2020