Roy Lee Boykin v. The State of Texas Appeal from 54th District Court of McLennan County (memorandum opinion )
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IN THE TENTH COURT OF APPEALS No. 10-16-00253-CR ROY LEE BOYKIN, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2014-572-C2 MEMORANDUM OPINION On August 3, 2016, inmate Roy Lee Boykin filed a “Notice of Appeal” in this Court, challenging the trial court’s denial of his motion for loan of the Reporter’s Record. Included in Boykin’s “Notice of Appeal” are statements that he wishes to compel the trial court to allow him access to the Reporter’s Record so that he may file a post-conviction application for writ of habeas corpus raising claims of actual innocence, ineffective assistance of counsel, breach of a plea agreement, prosecutorial misconduct, and various other purported violations. The right of appeal in criminal cases is conferred by the Legislature, and a party may appeal only from judgments of conviction or interlocutory orders authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (“‘[T]he standard for determining jurisdiction is not whether the appeal is precluded by law, but whether the appeal is authorized by law.’” (quoting Abbott v. State, 271 S.W.3d 694, 69697 (Tex. Crim. App. 2008))). In this case, appellant does not appeal from a judgment of conviction or an appealable interlocutory order. See, e.g., Richard v. State, No. 01-16-00196CR, 2016 Tex. App. LEXIS 3913, at *3 (Tex. App.—Houston [1st Dist.] Apr. 14, 2016, no pet.) (mem. op., not designated for publication) (per curiam) (citing Hosea v. State, No. 0114-01017-CR, 2015 Tex. App. LEXIS 1858, at **1-2 (Tex. App.—Houston [1st Dist.] Feb. 26, 2015, no pet.) (mem. op., not designated for publication) (per curiam) (“The denial of a motion to obtain a free record is not an appealable order.”)); Poole v. State, No. 14-1400081-CR, 2014 Tex. App. LEXIS 3292, at *1 (Tex. App.—Houston [14th Dist.] Mar. 27, 2014, no pet.) (mem. op., not designated for publication) (per curiam) (citing Manning v. State, No. 14-11-00464-CR, 2011 Tex. App. LEXIS 4537, at *1 (Tex. App.—Houston [14th Dist.] June 16, 2011, no pet.) (mem. op., not designated for publication) (per curiam)). Because this appeal is not from a judgment of conviction or an appealable interlocutory Boykin v. State Page 2 order, we have no jurisdiction. See Ragston, 424 S.W.3d at 52; see also Abbott, 271 S.W.3d at 696-97. Accordingly, this appeal is dismissed. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal Dismissed Opinion delivered and filed August 31, 2016 Do not publish [CR25] Boykin v. State Page 3
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