









In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-06-00244-CR

______________________________



GARY W. LOWE, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court Nos. 87-0277 & 87-0279







Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss


MEMORANDUM OPINION


	Gary W. Lowe attempts to appeal from the trial court's denial of his motion for a judgment
nunc pro tunc to correct his jail-time credit.
	The right of appeal in a criminal case is a substantive right determined solely within the
province of the Legislature.  Hogans v. State, 176 S.W.3d 829, 832 (Tex. Crim. App. 2005); see also
id. at 838 (Keller, P.J., dissenting) (discussing right to appeal is creature of statute, not right of
constitutional origin); Ex parte Spring, 586 S.W.2d 482, 485-86 (Tex. Crim. App. 1978).  "A
defendant in any criminal action has the right of appeal under the rules hereinafter prescribed."  Tex.
Code Crim. Proc. Ann. art. 44.02 (Vernon 1979).  Generally, a criminal defendant may appeal only
from a final judgment.  See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990).  "The
courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has
been expressly granted by law."  Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991);
Ahmad v. State, 158 S.W.3d 525, 526 (Tex. App.--Fort Worth 2004, pet. ref'd).
	We do not have jurisdiction over an appeal from an order denying a request for judgment
nunc pro tunc to correct jail-time credit.  Sanchez v. State, 112 S.W.3d 311, 311 (Tex. App.--Corpus
Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735, 735 (Tex. App.--Waco 2002, pet. dism'd);
see State v. Ross, 953 S.W.2d 748, 751-52 (Tex. Crim. App. 1997); Allen v. State, 20 S.W.3d 164,
165 (Tex. App.--Texarkana 2000, no pet.).
	We dismiss for want of jurisdiction.

						Josh R. Morriss
						Chief Justice

Date Submitted:	December 21, 2006
Date Decided:		December 22, 2006

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