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Landon Collins Talkington v. State
09-15-00320-CR
| Tex. App. | Sep 23, 2015
|
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Case Information

*1 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Do Not Publish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

Case Details

Case Name: Landon Collins Talkington v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 23, 2015
Docket Number: 09-15-00320-CR
Court Abbreviation: Tex. App.
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