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DuBose v. State

Fourth Court of Appeals San Antonio, Texas
Sep 9, 2015
No. 04-15-00444-CR (Tex. App. Sep. 9, 2015)

Opinion

No. 04-15-00444-CR

09-09-2015

Ronald Whit DUBOSE, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 07-1246-CR
Honorable Dwight E. Peschel, Judge Presiding
PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED FOR WANT OF JURISDICTION

On October 17, 2011, the trial court adjudicated Ronald Whit DuBose's guilt for the offense of burglary of a habitation and sentenced him to six-years' confinement in the Institutional Division of the Texas Department of Criminal Justice. On March 13, 2015, DuBose filed a motion for judgment nunc pro tunc. On June 1, 2015, the trial court denied the motion, and DuBose filed a notice of appeal.

"Neither the United States nor Texas constitution guarantees the right to appeal state criminal convictions." Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004); accord Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). A defendant may appeal a state criminal conviction only as authorized by statute. Griffin, 145 S.W.3d at 646; Phynes, 828 S.W.2d at 2. "No statute vests this [c]ourt with jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc." Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. ref'd) (mem. op.); accord Mederos v. State, No. 04-08-00621-CR, 2008 WL 4809211, at *1 (Tex. App.—San Antonio Nov. 5, 2008, no pet.) (mem. op., not designated for publication).

On August 7, 2015, we ordered Appellant to show cause in writing by August 27, 2015, why this appeal should not be dismissed for want of jurisdiction. To date, Appellant has filed no response. Therefore, we dismiss this appeal for want of jurisdiction. See Griffin, 145 S.W.3d at 646; Phynes, 828 S.W.2d at 2; Everett, 82 S.W.3d at 735.

PER CURIAM DO NOT PUBLISH


Summaries of

DuBose v. State

Fourth Court of Appeals San Antonio, Texas
Sep 9, 2015
No. 04-15-00444-CR (Tex. App. Sep. 9, 2015)
Case details for

DuBose v. State

Case Details

Full title:Ronald Whit DUBOSE, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Sep 9, 2015

Citations

No. 04-15-00444-CR (Tex. App. Sep. 9, 2015)