Michael Todd Wade v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00203-CR
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
Filed: May 6, 2014
Do Not Publish
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