Roderick Creag, Sr. v. State
12-17-00354-CR
| Tex. App. | Nov 30, 2017Background
- Roderick Creag, Sr. was convicted in 2013 of murder, unlawful possession of a firearm by a felon, and aggravated assault with a deadly weapon; this Court previously affirmed those convictions.
- Creag filed a post-judgment motion to correct the bill of costs in the trial court for causes 12-CR-145, 12-CR-146, and 12-CR-147.
- On November 15, 2017, Creag filed notices of appeal challenging the trial court’s denial of his motion to correct the bill of costs.
- This Court notified Creag that the notice of appeal failed to show jurisdiction because the order appealed (denial of a motion to correct costs) is not an appealable order.
- Creag failed to amend his filing or respond by the deadline, and the Court dismissed the appeals for want of jurisdiction.
- The Court explained appellate jurisdiction in criminal cases is limited to final judgments or those appeals expressly authorized by law; post-conviction cost complaints fall within the exclusive authority of the Texas Court of Criminal Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals has jurisdiction to review denial of a post-judgment motion to correct the bill of costs | Creag argued the court of appeals should hear his appeal of the trial court’s denial | State argued the denial is a non-appealable post-judgment order and appellate jurisdiction is lacking | Court held it lacked jurisdiction and dismissed the appeals |
| Whether Creag may pursue relief in the court of appeals rather than the Court of Criminal Appeals for post-conviction cost complaints | Creag sought appellate review in this Court | State relied on precedent that post-conviction complaints belong to the Court of Criminal Appeals | Court held only the Texas Court of Criminal Appeals has authority over such post-conviction criminal complaints |
Key Cases Cited
- McIntosh v. State, 110 S.W.3d 51 (Tex. App.—Waco 2002) (appeals in criminal cases require a final judgment or statutory authorization)
- Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (limitations on appellate jurisdiction in criminal cases)
- Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (Texas Court of Criminal Appeals has exclusive authority over certain post-conviction matters)
- In re McAfee, 53 S.W.3d 715 (Tex. App.—Houston [1st Dist.] 2001) (orig. proceeding addressing proper forum for post-conviction relief)
- In re Briscoe, 230 S.W.3d 196 (Tex. App.—Houston [14th Dist.] 2006) (orig. proceeding reinforcing jurisdictional limits for post-conviction challenges)