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Caceras v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 3, 2010
No. 04-10-00132-CR (Tex. App. Mar. 3, 2010)

Opinion

No. 04-10-00132-CR

Delivered and Filed: March 3, 2010. DO NOT PUBLISH.

Appealed from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2000-CR-4291, Honorable Mary D. Román, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


Appellant filed a notice of appeal seeking to appeal the trial court's order denying his motion for a judgment nunc pro tunc to correct a jail time credit issue. The denial of a motion for a judgment nunc pro tunc is not an appealable order. See Castor v. State, 205 S.W.3d 666, 667 (Tex. App.-Waco 2006, no pet.); see also Dooley v. State, No. 05-08-01465, 2009 WL 81917, at *1 (Tex. App.-Dallas Jan. 14, 2009, pet. ref'd) (not designated for publication). The proper remedy to obtain review of the denial of a motion for judgment nunc pro tunc is by petition for writ of mandamus. Dooley, 2009 WL 81917, at *1; Castor, 205 S.W.3d at 667. Accordingly, this appeal is dismissed for lack of jurisdiction.


Summaries of

Caceras v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 3, 2010
No. 04-10-00132-CR (Tex. App. Mar. 3, 2010)
Case details for

Caceras v. State

Case Details

Full title:Mario CACERAS, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 3, 2010

Citations

No. 04-10-00132-CR (Tex. App. Mar. 3, 2010)

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