Dismiss and Opinion Filed October 13, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-01219-CR

BILLY WAYNE WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F03-00824-W

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Francis and Myers

Opinion by Justice Myers

Billy Wayne Williams was convicted of aggravated assault with a deadly weapon and 

sentenced to life imprisonment. His conviction was affirmed on direct appeal. Williams v. State, 

No. 05-05-00182-CR (Tex. App.––Dallas Oct. 31, 2005, no pet.) (not designated for 

publication). The Court now has before it appellant’s “Notice of Appeal” from the “dismissal or 

denial” of his pro se motions to correct a void judgment and to recuse the presiding judge of the 

363rd Judicial District Court from presiding over nunc pro tunc proceedings. We conclude we 

lack jurisdiction over the appeal.

“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 standard to determine whether an appellate court has jurisdiction to hear and 
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determine a case ‘is not whether the appeal is precluded by law, but whether the appeal is 

authorized by law.’” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting 

Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). 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.).

In this case, there is no written order ruling on appellant’s motions. Moreover, neither 

the denial of a motion to recuse nor the denial of a motion seeking nunc pro tunc relief is 

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 pro se motion to correct a void judgment is, in substance, a 

collateral attack on his conviction. However, the post-conviction habeas corpus procedure set 

out in the Texas Code of Criminal Procedure is the sole procedure by which to collaterally attack 

final felony convictions, and this Court does not have jurisdiction over post-conviction habeas 

corpus proceedings involving final felony conviction. See TEX. CODE CRIM. P. ANN. arts. 11.05, 

11.07 (West 2005 & Supp. 2013).
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We dismiss the appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47

141219F.U05

/Lana Myers/

LANA MYERS

JUSTICE
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

BILLY WAYNE WILLIAMS, Appellant

No. 05-14-01219-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F03-00824-W.

Opinion delivered by Justice Myers, Chief 

Justice Wright and Justice Francis 

participating.

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

jurisdiction.

Judgment entered this 13th day of October, 2014.