Craig MacK v. State

IN THE TENTH COURT OF APPEALS No. 10-18-00006-CR CRAIG MACK, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 1991-509-C MEMORANDUM OPINION On January 5, 2018, inmate Craig Mack filed a “Notice of Appeal,” challenging the trial court’s denial of his “Motion for Opportunity to be Heard on Judicial Notice.” 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., Mack v. State, No. 10-17-00383-CR, ___ S.W.3d ___, 2017 Tex. App. LEXIS 11326 (Tex. App.—Waco Dec. 6, 2017, no pet.). Because this appeal is not from a judgment of conviction or an appealable interlocutory order, we have no jurisdiction. See Ragston, 424 S.W.3d at 52; Abbott, 271 S.W.3d at 696-97; see also Mack, 2017 Tex. App. LEXIS 11326. Accordingly, this appeal is dismissed. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed January 24, 2018 Do not publish [CRPM] Mack v. State Page 2