Patrick Bouvia Kimble v. State

DISMISS and Opinion Filed March 29, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00318-CR
PATRICK BOUVIA KIMBLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F95-01665-LN
MEMORANDUM OPINION
Before Chief Justice Burns, Justices Bridges, and Partida-Kipness
Opinion by Justice Bridges
Patrick Bouvia Kimble appeals his conviction for murder. After finding appellant guilty,
the jury assessed punishment at forty years in prison. We affirmed appellant’s conviction on direct
appeal. Kimble v. State, No. 05-95-00841-CR, 1997 WL 275565, *1 (Tex. App.—Dallas 1997,
pet. ref’d). On March 14, 2019, appellant filed a 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.
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) (quoting Ex parte Caldwell,
383 S.W.3d 587, 589 (Tex. Crim. App. 1964)). 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.
Because there is no rule or statutory or constitutional provision allowing such an appeal, we
conclude we lack jurisdiction. 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.”).
We dismiss this appeal.
/David L. Bridges/
DAVID L. BRIDGES
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
1900318F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
PATRICK BOUVIA KIMBLE, Appellant On Appeal from the 195th Judicial District
Court, Dallas County, Texas
No. 05-19-00318-CR V. Trial Court Cause No. F95-01665-LN.
Opinion delivered by Justice Bridges, Chief
THE STATE OF TEXAS, Appellee Justice Burns and Justice Partida-Kipness
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered March 29, 2019
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