Derek Paul Ray Sr. v. the State of Texas

DISMISS and Opinion Filed November 23, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-21-00997-CR

DEREK PAUL RAY SR., Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F96-51596-I

MEMORANDUM OPINION

Before Justices Pedersen, III, Goldstein, and Smith Opinion by Justice Smith

Derek Paul Ray Sr. appeals his conviction for injury to a child. On November 15, 2021, 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. We dismiss this appeal.

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). 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. However, the denial of a nunc pro tunc on back-time credit is not appealable. 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.”). Because there is no rule or statutory or constitutional provision allowing such an appeal, we conclude we lack jurisdiction. See id.

We dismiss this appeal.

/Craig Smith/ CRAIG SMITH JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 210997F.U05

S Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DEREK PAUL RAY SR., Appellant On Appeal from the Criminal District

Court No. 2, Dallas County, Texas No. 05-21-00997-CR V. Trial Court Cause No. F96-51596-I.

Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Pedersen, III and Goldstein participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered November 23, 2021