Opinion
NO. 03-20-00273-CR
08-28-2020
Darrell J. Harper, Appellant v. The State of Texas, Appellee
FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-11-904087 , THE HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Darrell J. Harper filed a notice of appeal in this Court giving written notice of appeal of an order denying a post-conviction "motion to forgive unpaid fines/court costs" that he filed in the trial court.
Appellant was convicted of terroristic threat and retaliation, see Tex. Penal Code §§ 22.07(a)(6), 36.06, and sentenced to six years in prison for each offense, see id. § 12.34. This Court affirmed appellant's convictions on appeal. See Harper v. State, No. 03-12-00075-CR, 2014 WL 1801747, at *5 (Tex. App.—Austin Apr. 30, 2014, no pet.) (mem. op., not designated for publication). The record reflects that the district clerk sent appellant a Notice of Unpaid Fines/Court Costs seeking payment of the court costs imposed in connection with his conviction for terroristic threat. Appellant filed the above-described motion. The trial court signed an order denying the motion.
In Texas, appeals in a criminal case are permitted only when they are specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); see Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002) (stating that criminal defendant's right of appeal "is a statutorily created right."). Thus, the standard for determining whether an appellate court has jurisdiction to hear and determine a case "is not whether the appeal is precluded by law, but whether the appeal is authorized by law." Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)); see Tex. Const. art. V, § 6(a) (providing that courts of appeals have appellate jurisdiction "under such restrictions and regulations as may be prescribed by law"); Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (explaining that "[j]urisdiction must be expressly given to the courts of appeals in a statute"). We find no statutory authority granting appellant the right to appeal the denial of a post-conviction motion seeking forgiveness of unpaid statutorily mandated court costs imposed upon conviction. See Tex. Code Crim. Proc. art. 42.16 (requiring trial court to "adjudge the costs against the defendant, and order the collection thereof" when punishment imposed is "any other than a fine").
We hold that we lack jurisdiction in this appeal because there is no statutory authority for the appeal that appellant attempts here. See, e.g., Staley v. State, 233 S.W.3d 337, 338 (Tex. Crim. App. 2007) (dismissing appeal because it was not authorized by law). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/_________
Edward Smith, Justice Before Justices Goodwin, Triana, and Smith Dismissed for Want of Jurisdiction Filed: August 28, 2020 Do Not Publish