Opinion
No. 02-20-00142-CR
11-05-2020
TIMMY RAY CALDWELL, Appellant v. THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1 Tarrant County, Texas
Trial Court No. 0772847D Before Bassel, Womack, and Wallach, JJ.
Memorandum Opinion
MEMORANDUM OPINION
Appellant Timmy Ray Caldwell appeals from the trial court's order denying his motion for judgment nunc pro tunc.
We informed Appellant by letter of our concern that we do not have jurisdiction over his appeal because the order denying his motion does not appear to be an appealable order, and we stated that his appeal could be dismissed unless he or any party filed a response showing grounds for continuing the appeal. Appellant filed a response, but it does not show grounds for continuing the appeal.
An order denying a motion for judgment nunc pro tunc is not appealable. Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.) ("We do not have appellate jurisdiction of the denial of a motion for judgment nunc pro tunc."). The appropriate remedy for the denial of a motion for judgment nunc pro tunc is to file a petition for writ of mandamus in the court of appeals. Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010); Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004).
We therefore dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); West v. State, No. 02-19-00039-CR, 2019 WL 1186653, at *1 (Tex. App.—Fort Worth Mar. 14, 2019, no pet.) (per curiam) (mem. op., not designated for publication) (dismissing appeal for want of jurisdiction when appellant appealed denial of motion for judgment nunc pro tunc).
Per Curiam Do Not Publish
Tex. R. App. P. 47.2(b) Delivered: November 5, 2020