Dismissed and Opinion Filed September 3, 2014 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01098-CR 

No. 05-14-01100-CR 

JOHN WESLEY PATTERSON III, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 416th Judicial District Court 

Collin County, Texas 

Trial Court Cause Nos. 416-82554-05, 416-82555-05 

MEMORANDUM OPINION 

Before Justices Francis, Myers, and Lewis 

Opinion by Justice Francis 

John Wesley Patterson was convicted of multiple counts of aggravated sexual assault of a 

child, sexual assault of a child, and indecency with a child, as alleged in separate counts in two 

indictments. On direct appeal, this Court modified the trial court’s judgments to correct 

inaccuracies, and affirmed as modified. We also remanded for punishment as to one of the 

counts included in trial court no. 416-82554-05 and ordered the trial court to enter new 

judgments reflecting the modifications set out in our judgments. Patterson v. State, Nos. 05-06-

00808-CR, 05-06-00876-CR (Tex. App.––Dallas Nov. 29, 2007, no pet.) (not designated for 

publication). 

On November 13, 2013, appellant filed a “motion for nunc pro tunc ruling.” On March 

10, 2014, appellant filed a “motion to vacate and dismiss and set aside a prior void 
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enhancement.” On July 16, 2014, appellant filed a “motion requesting compliance with Texas 

motion ministerial duties,” in which he appears to be seeking a ruling on his “motion for nunc 

pro tunc ruling.” On July 29, 2014, the trial court, by written order, denied appellant’s pro se 

motions. These appeals followed. We conclude we lack jurisdiction over the appeals. 

“Jurisdiction concerns the power of a court to hear and determine a case.” Olivo v. State, 

918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be 

legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See id.

at 523. The right to appeal in a criminal case is a statutorily created right. See McKinney v. 

State, 207 S.W.3d 366, 374 (Tex. Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. 

Crim. App. 2004). See also TEX. CODE CRIM. P. ANN. art. 44.02 (West 2006) (providing right of 

appeal for defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). Appellate 

courts may consider appeals by criminal defendants only after conviction or the entry of an 

appealable order. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.). 

An order denying a motion seeking nunc pro tunc relief is not appealable. See Sanchez v. 

State, 112 S.W.3d 311, 312 (Tex. App.––Corpus Christi 2003, no pet.) (per curiam); Everett v. 

State, 82 S.W.3d 735, 735 (Tex. App.––Waco 2002, no pet.); Allen v. State, 20 S.W.3d 164, 165 

(Tex. App.––Texarkana 2000, no pet.). See also Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. 

Crim. App. 2008) (appellate court lacked jurisdiction to review appeal order denying motion for 

additional time credit); State v. Ross, 953 S.W.2d 748, 752 (Tex. Crim. App. 1997) (suggesting 

mandamus proper way to challenge denial of nunc pro tunc judgment). 

Moreover, appellant’s “motion to vacate and dismiss and set aside a prior void 

enhancement” is, in substance, a collateral attack on the prior felony conviction used to enhance 

appellant’s sentences and thus the sentences themselves. However, the post-conviction habeas 

corpus procedure set out in the Texas Code of Criminal Procedure is the sole procedure by which 
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to collaterally attack final felony convictions, and this Court does not have jurisdiction over postconviction habeas corpus proceedings involving final felony convictions. See TEX. CODE CRIM.

P. ANN. arts. 11.05, 11.07 (West 2005 & Supp. 2013). 

Accordingly, we dismiss the appeals for want of jurisdiction. 

Do Not Publish 

TEX. R. APP. P. 47 

141098F.U05 

 

/Molly Francis/ 

MOLLY FRANCIS 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

JOHN WESLEY PATTERSON III, 

Appellant 

No. 05-14-01098-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 416th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 416-82554-05. 

Opinion delivered by Justice Francis, 

Justices Myers and Lewis participating. 

 Based on the Court’s opinion of this date, we DISMISS the appeal for want of 

jurisdiction. 

Judgment entered September 3, 2014 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

JOHN WESLEY PATTERSON III, 

Appellant 

No. 05-14-01100-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 416th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 416-82555-05. 

Opinion delivered by Justice Francis, 

Justices Myers and Lewis participating. 

 Based on the Court’s opinion of this date, we DISMISS the appeal for want of 

jurisdiction. 

Judgment entered September 3, 2014