Dennis Jerome Pierce v. State

Dismissed; Opinion Filed February 14, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00108-CR
DENNIS JEROME PIERCE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F02-24969-Q
MEMORANDUM OPINION
Before Justices Bridges, Partida-Kipness, and Carlyle
Opinion by Justice Partida-Kipness
Dennis Jerome Pierce appeals his conviction for indecency with a child. On January 25,
2019, appellant filed his 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 on back time credit. After reviewing the
notice of appeal, we notified appellant and the Dallas County District Attorney’s Office that we
had concerns regarding our jurisdiction and requested a letter brief from each. Specifically, we
questioned how we had jurisdiction because the denial of a nunc pro tunc on back-time credit is
not appealable. See Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (“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.”). In
response, appellant filed a motion to dismiss.
An appellate court has jurisdiction to determine an appeal only if the appeal is authorized
by law. Id. at 696–97. 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.).
Here, appellant seeks to appeal the trial court’s denial of his motion for judgment nunc pro
tunc on back time credit. 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.
We dismiss this appeal.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190108F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DENNIS JEROME PIERCE, Appellant On Appeal from the 204th Judicial District
Court, Dallas County, Texas
No. 05-19-00108-CR V. Trial Court Cause No. F02-24969-Q.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness, Justices Bridges and Carlyle
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 14th day of February, 2018.
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