Aleman v. State

Full title: Martin Aleman, Appellant v. The State of Texas, Appellee

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

Date published: Oct 29, 2014

NO. 03-14-00576-CR (Tex. App. Oct. 29, 2014)

Opinion

NO. 03-14-00576-CR

10-29-2014

Martin Aleman, Appellant v. The State of Texas, Appellee

Bob Pemberton, Justice

FROM THE DISTRICT COURT OF COMAL COUNTY, 22 JUDICIAL DISTRICT
NO. CR2002-246, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
MEMORANDUM OPINION

In 2002, a jury convicted appellant Martin Aleman of the offense of aggravated robbery, and the district court sentenced him to sixty years' imprisonment. This Court affirmed the judgment of conviction on appeal.¹ Earlier this year, Aleman filed with the district court a pro se "motion for relief from judgment," which is in substance a motion for judgment nunc pro tunc, as it seeks to correct what Aleman claims are clerical errors in the judgment.² The district court denied the motion. Aleman has filed a notice of appeal from the district court's order.

1 See Aleman v. State, No. 03-02-00651-CR, 2004 Tex. App. LEXIS 3162 (Tex. App.—Austin Apr. 8, 2004, no pet.).

2 See Blanton v. State, 369 S.W.3d 894, 897-98 (Tex. Crim. App. 2012).

In response, the State has filed a motion to dismiss the appeal, arguing that we lack jurisdiction to review the district court's order. We agree. "The standard for determining jurisdiction is . . . whether the appeal is authorized by law."³ In criminal cases, an appeal is authorized only when a trial court "enters a judgment of guilt or other appealable order."⁴ An order denying a judgment nunc pro tunc is not an appealable order.⁵ Accordingly, we grant the State's motion and dismiss the appeal for want of jurisdiction.

3 Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) (citing Tex. Const. art. V, § 6(a)).

4 Tex. R. App. P. 25.2(a)(2); see also Tex. Code Crim. Proc. art. 44.02.

5 See Abbott, 271 S.W.3d at 697; State v. Ross, 953 S.W.2d 748, 752 (Tex. Crim. App. 1997); Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.—Corpus Christi 2003, no pet.); 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 Suarez v. State, No. 03-14-00477-CR, 2014 Tex. App. LEXIS 10635, at *1 (Tex. App.—Austin Sept. 25, 2014, no pet. h.) (dismissing appeal in similar case).
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/s/_________

Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Field Dismissed for Want of Jurisdiction Filed: October 29, 2014 Do Not Publish