Bobby L. Jackson v. The State of Texas--Appeal from 6th District Court of Lamar County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00016-CR
______________________________
BOBBY LYNN JACKSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th Judicial District Court
Lamar County, Texas
Trial Court No. 16601
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Bobby Lynn Jackson pled guilty to felony driving while intoxicated, with one prior felony conviction. Pursuant to a negotiated plea agreement, the trial court sentenced him to fifteen years' imprisonment. Jackson filed a motion for judgment nunc pro tunc in December 2002 contending he had not received proper credit for the jail time served before his conviction. The trial court denied this motion, and Jackson appeals.

Article V, Section 6 of the Texas Constitution invests this Court with jurisdiction over "all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law." Tex. Const. art. V, 6. Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 1979) provides in pertinent part, "A defendant in any criminal action has the right of appeal . . . ." Texas courts have consistently construed Article 44.02 to allow an appeal only "from a 'final judgment [or conviction],' though the statute does not contain this limitation on its face." Benford v. State, 994 S.W.2d 404, 408-09 (Tex. App.-Waco 1999, no pet.) (quoting State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990)).

We have jurisdiction over other types of criminal appeals only when "expressly granted by law." Benford, 994 S.W.2d at 409 (quoting Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991)). No statute vests this Court with jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc. See State v. Ross, 953 S.W.2d 748, 751-52 (Tex. Crim. App. 1997).

Accordingly, we dismiss this appeal for want of jurisdiction.

 

Jack Carter

Justice

 

Date Submitted: March 17, 2003

Date Decided: March 18, 2003

 

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