Cedric Bernard Walton v. State ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00330-CR
Cedric Bernard Walton, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. 19,014, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING
MEMORANDUM OPINION
Cedric Bernard Walton filed a notice of appeal attempting to challenge the
district court’s April 20, 2015 post-judgment order denying his “Motion for Judgment to Correct
Clerical Mistake (Nunc Pro Tunc)” in which he sought jail-time credit on his sentence. See
Tex. Code Crim. Proc. art. 42.03, § 2(a).
We do not have jurisdiction to review interlocutory orders in a criminal appeal
unless that jurisdiction has been expressly granted by law. Apolinar v. State, 820 S.W.2d 792, 794
(Tex. Crim. App. 1991); see Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)
(standard for determining jurisdiction is not whether appeal is precluded by law but whether appeal
is authorized by law). There is no such grant for this appeal from the district court’s post-judgment
order denying a time-credit motion. See Abbott, 271 S.W.3d at 696-97; see also Suarez v. State,
No. 03-14-00477-CR, 2014 Tex. App. LEXIS 10635, at *1 (Tex. App.—Austin Sept. 25, 2014,
no pet.) (mem. op., not designated for publication) (dismissing appeal for want of jurisdiction
because order denying motion for judgment nunc pro tunc was not appealable).
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 43.2(f).
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Jurisdiction
Filed: July 24, 2015
Do Not Publish
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