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Gary W. Lowe v. State ( 2006 )


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  • 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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