Dismissed and Opinion Filed September 3, 2014 

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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 tria l court’s judgments to correct inaccuracies, and affirmed as modified. We al so remanded for punishment as to one of the counts included in trial cour t no. 416-82554-05 and ordered th e 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 N ov. 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–2– enhancement.” On July 16, 2014, appellant file d 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, 201 4, the trial court, by written order, denied appellant’s pro se motions. These appeals followed. We concl ude we lack jurisdic tion over the appeals. “Jurisdiction concerns the power of a c ourt to hear and determine a case.” Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The juri sdiction 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 crimin al case is a statutor ily 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 T EX
. C ODE C RIM
. P. A NN . art. 44.02 (West 2006) (providing right of appeal for defendant); T EX
. R. A PP
. P. 25.2(a)(2) (rules for appeal by defendant). Appellate courts may consider appeals by criminal defendants only after conviction or th e 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 pr o tunc relief is not appealable. See Sanchez v.
State , 112 S.W.3d 311, 312 (Tex. App.––Corpus Chri sti 2003, no pet.) (per curiam); Everett v.
State , 82 S.W.3d 735, 735 (Tex. Ap p.––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 deni al of nunc pro t unc judgment). Moreover, appellant’s “moti on 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 th emselves. However, the post-conviction habeas corpus procedure set out in the Texas Code of Criminal Procedur e is the sole procedure by which–3– to collaterally attack final felony convictions, an d this Court does not have jurisdiction over postconviction habeas corpus proceedings involving final felony convictions. See T EX
. C ODE C RIM
. P. A NN . arts. 11.05, 11.07 (West 2005 & Supp. 2013). Accordingly, we dismiss the appe als for want of jurisdiction.

Do Not Publish T EX
. R. A PP
. P. 47 141098F.U05 /Molly Francis/ MOLLY FRANCIS JUSTICE–4– 

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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 opin ion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered September 3, 2014–5– 

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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 opin ion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered September 3, 2014