Opinion issued October 4, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00637-CR
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JOSE ALFREDO PERALES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 149th District Court
Brazoria County, Texas
Trial Court Case No. 71698
MEMORANDUM OPINION
In 2014, the trial court adjudicated appellant guilty of the state-jail-felony
offense of theft—aggregated, and assessed his punishment at confinement for
eighteen months.1 In June 2015, appellant filed a pro se motion for time credit in
which he sought “diligent participation credit” to reduce his sentence. See TEX. CODE
CRIM. PROC. ANN. art. 42.12, § 15(h) (West Supp. 2016). The trial court denied the
motion, and appellant filed a pro se notice of appeal. We dismiss the appeal for want
of jurisdiction.
The right to appeal in a criminal case is a statutorily created right. See TEX.
CODE CRIM. PROC. ANN. art. 44.02 (West 2006); Bayless v. State, 91 S.W.3d 801,
805 (Tex. Crim. App. 2002); see also Keaton v. State, 294 S.W.3d 870, 871 (Tex.
App.—Beaumont 2009, no pet.) (citation omitted) (“The right to appeal is conferred
by the Legislature and generally, a party may appeal only those cases for which the
Legislature has authorized appeal.”). Generally, a criminal defendant may appeal
only from a final judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.02; State v.
Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). The denial of a
post-conviction motion for time credit is not an appealable order. Abbott v. State,
271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (citation omitted).
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss any pending motions as moot.
1
See TEX. PENAL CODE ANN. §§ 31.03(a), (b), (e)(4), 31.09 (West Supp. 2016).
2
PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
3