GREGORY LAWRENCE HENDERSON v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Gregory Lawrence Henderson filed a pro se motion in the trial court to review the record on loan.   The trial court denied the motion, and appellant filed a notice of appeal.   We conclude we have no jurisdiction over the appeal.

As a general rule, appellate courts may consider appeals by criminal defendants only after conviction.   Ex parte Wright, 969 S.W.2d 588, 589 (Tex.App.-Dallas 1998, no pet.).   Courts of appeals do not have jurisdiction to review interlocutory orders absent express authority.   See Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App.1991);  Wright, 969 S.W.2d at 589.   Moreover, an appeal must be perfected either from a trial court's judgment or an appealable order.   See Tex.R.App. P. 25.2(a)(2).   Where there is no sentence to be appealed or no appealable order, an appellate court has no jurisdiction.   See Wright, 969 S.W.2d at 589-90;  Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.).

An order denying a post-conviction motion to review the record is neither a judgment of conviction nor an otherwise appealable order.¹  We dismiss the appeal for want of jurisdiction.

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FOOTNOTES

FN1. Appellant's conviction was affirmed on direct appeal.   See Henderson v. State, No. 05-05-00493-CR (Tex.App.-Dallas June 28, 2006, no pet.) (not designated for publication).   We also denied appellant's petition for writ of mandamus seeking the same relief he seeks in this appeal.   See In re Henderson, No. 05-10-00517-CV (Tex.App.-June 8, 2010, orig. prceeding) (mem.op.)..  FN1. Appellant's conviction was affirmed on direct appeal.   See Henderson v. State, No. 05-05-00493-CR (Tex.App.-Dallas June 28, 2006, no pet.) (not designated for publication).   We also denied appellant's petition for writ of mandamus seeking the same relief he seeks in this appeal.   See In re Henderson, No. 05-10-00517-CV (Tex.App.-June 8, 2010, orig. prceeding) (mem.op.).

PER CURIAM