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, 696-
97 (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. 01-16-00196-
CR, 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. 01-
14-01017-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. 14-14-
00081-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