Landon Collins Talkington v. State

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00320-CR ____________________ LANDON COLLINS TALKINGTON, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 23885 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court sentenced Landon Collins Talkington on May 19, 2015. On August 10, 2015, Talkington filed a notice of appeal from an order denying a “Motion to Waiver Payment of Fines, Court Cost, and Court-Appointed Attorney Fees.” See generally Tex. Code Crim. Proc. Ann. art. 43.091 (West Supp. 2014). An appeal in a criminal case must be specifically authorized by statute, and a court of appeals lacks jurisdiction to review interlocutory and post-judgment orders unless such jurisdiction has been expressly granted by law. Apolinar v. State, 820 1 S.W.2d 792, 794 (Tex. Crim. App. 1991) (no interlocutory appeal from an order denying a special plea); see also Haile v. State, 451 S.W.3d 856, 857-58 (Tex. App.—Austin 2014, no pet.) (no appeal from a trial court’s post-judgment ruling denying a motion to dismiss court costs and fines). Talkington has failed to show any authority granting an intermediate appellate court jurisdiction to consider an appeal from the denial of his post-conviction motion. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Submitted on September 22, 2015 Opinion Delivered September 23, 2015 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2