DISMISS; Opinion Filed April 4, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00096-CR

No. 05-19-00097-CR

RUDY LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F93-39883-R & F91-44984-R

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Nowell

Opinion by Justice Myers

Rudy Lopez appeals his convictions for sexual assault of a child and aggravated sexual 

assault of a child younger than 14 years of age. On January 23, 2019, appellant’s pro se notice 

of appeal was filed with this Court, stating he was appealing the trial court’s refusal to take action 

on his motion for judgment nunc pro tunc filed with both case numbers listed. After reviewing the 

notice of appeal, we notified appellant and the Dallas County District Attorney’s Office that we 

had concerns regarding our jurisdiction and requested a letter brief from each. Appellant 

responded, arguing that the Court has jurisdiction over appeals of denials of motions for judgment 

nunc pro tunc.

An appellate court has jurisdiction to determine an appeal only if the appeal is authorized 

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

court’s jurisdiction is not legally invoked, the court’s power to act is as absent as if it did not exist. 
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Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Appellate courts may consider 

criminal appeals only after final conviction or the entry of a narrow set of appealable interlocutory 

orders. TEX. R. APP. P. 26.2(a)(1); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, 

no pet.).

The clerk’s records in these appeals show appellant filed a motion for judgment nunc pro 

tunc on January 4, 2019. Eighteen days later, he filed his notice of appeal, stating he was appealing 

the denial of his motion for judgment nunc pro tunc. Our review of the clerk’s records shows there 

has been no ruling on appellant’s January 4, 2019 motions. Because there is no written order, we 

conclude we lack jurisdiction. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.—Dallas 

1985, no pet.) (court of appeals has no jurisdiction over appeal absent written judgment or order).

We dismiss these appeals.

Do Not Publish

TEX. R. APP. P. 47.2(b)

190096F.U05

/Lana Myers/

LANA MYERS

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

RUDY LOPEZ, Appellant

No. 05-19-00096-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 3, Dallas County, Texas

Trial Court Cause No. F93-39883-R.

Opinion delivered by Justice Myers. 

Justices Osborne and Nowell participating.

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

Judgment entered this 4th day of April, 2019.
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

RUDY LOPEZ, Appellant

No. 05-19-00097-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 3, Dallas County, Texas

Trial Court Cause No. F91-44984-R.

Opinion delivered by Justice Myers. 

Justices Osborne and Nowell participating.

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

Judgment entered this 4th day of April, 2019.