Opinion
NO. 03-16-00087-CRNO. 03-16-00088-CR
03-23-2016
Joe Bob Rossberg, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF LLANO COUNTY, 33RD JUDICIAL DISTRICT
NOS. 05720 & 05825, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Joe Bob Rossberg, appearing pro se, seeks to appeal from the trial court's denial of his post-judgment motion for judgment nunc pro tunc in which he sought jail-time credit on his sentence. See Tex. Code Crim. Proc. 42.03, § 2(a). In criminal cases, unless expressly authorized by statute, appellate courts only have jurisdiction to review final judgments. Abbott v. State, 271 S.W.3d 694, 696-07 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether appeal is precluded by law but whether appeal is authorized by law). In criminal cases, an appeal is authorized only when a trial court "enters a judgment of guilt or other appealable order." Tex. R. App. P. 25.2(a)(2); see Tex. Code Crim. Proc. art. 44.02 ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). A post-judgment order denying a motion for judgment nunc pro tunc is not an appealable order. See Abbott, 271 S.W.3d at 697 (holding that no rule or statutory or constitutional provision authorizes appeal of post-judgment order denying time-credit motion). Accordingly, we dismiss this appeal for want of jurisdiction.See Tex. R. App. P. 43.2(f).
The State filed motions to dismiss the appeals, which we dismiss as moot. --------
/s/_________
Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: March 23, 2016 Do Not Publish