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Suarez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Sep 25, 2014
NO. 03-14-00477-CR (Tex. App. Sep. 25, 2014)

Summary

dismissing appeal for want of jurisdiction because order denying motion for judgment nunc pro tunc was not appealable

Summary of this case from Walton v. State

Opinion

NO. 03-14-00477-CR

09-25-2014

Clemente Suarez, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. CR92-0713-A, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING
MEMORANDUM OPINION

Appellant Clemente Suarez, appearing pro se, seeks to appeal from the trial court's denial of his motion for judgment nunc pro tunc. In criminal cases, unless expressly authorized by statute, appellate courts only have jurisdiction to review final judgments. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see Tex. Code Crim. Proc. art. 44.02 ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). An order denying a motion for judgment nunc pro tunc is not a final, appealable order. See Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (no jurisdiction over appeal of post-judgment order denying time-credit motion); Deshotel v. State, No. 14-13-01093-CR, 2014 WL 51438, at *2 (Tex. App.—Houston [14th Dist] Jan. 7, 2014, no pet.) (mem. op., not designated for publication) (no appellate jurisdiction over denial of motion for judgment nunc pro tunc); Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.) (same). Nor does the denial create a right to an interlocutory appeal. Castor, 205 S.W.3d at 667. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

Suarez was convicted of murder in 1993, and this Court affirmed that conviction on direct appeal. See Suarez v. State, No. 03-93-00545-CR (Tex. App.—Austin Oct. 19, 1994, pet. ref'd) (mem. op.) available at http://www.search.txcourts.gov/Case.aspx?cn=03-93-00545-CR.

/s/__________

Scott K. Field, Justice
Before Justices Puryear, Pemberton, and Field Dismissed for Want of Jurisdiction Filed: September 25, 2014 Do Not Publish


Summaries of

Suarez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Sep 25, 2014
NO. 03-14-00477-CR (Tex. App. Sep. 25, 2014)

dismissing appeal for want of jurisdiction because order denying motion for judgment nunc pro tunc was not appealable

Summary of this case from Walton v. State

dismissing appeal in similar case

Summary of this case from Aleman v. State
Case details for

Suarez v. State

Case Details

Full title:Clemente Suarez, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Sep 25, 2014

Citations

NO. 03-14-00477-CR (Tex. App. Sep. 25, 2014)

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