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Fleming v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jun 9, 2005
Nos. 11-05-00175-CR, 11-05-00176-CR (Tex. App. Jun. 9, 2005)

Opinion

Nos. 11-05-00175-CR, 11-05-00176-CR

June 9, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeals from Dawson County.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.


OPINION


Garland Fleming is attempting to appeal the trial court's denial of two pro se motions requesting nunc pro tunc orders. We dismiss the appeals for want of jurisdiction. In his motions filed in the trial court, Fleming asks the trial court to reform the sentences in his 1998 convictions. Upon receipt of Fleming's notices of appeal, the clerk of this court wrote Fleming advising him that the trial court's denial of his motions did not appear to be appealable and requesting that Fleming respond showing grounds for continuing these appeals. Fleming has responded by forwarding copies of the April 1, 2005, orders denying his motions for nunc pro tunc orders. Fleming has also filed a pro se response in which, for the first time, he asserts that the trial court's 1998 judgments are "void and voidable" and are "absolutely null and void and incapable of being confirmed, ratified, or enforced in any manner or to a degree." The April 1, 2005, orders are not appealable orders. The appeals are dismissed for want of jurisdiction.

These arguments might be appropriate for a proceeding pursuant to TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon 2005).


Summaries of

Fleming v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jun 9, 2005
Nos. 11-05-00175-CR, 11-05-00176-CR (Tex. App. Jun. 9, 2005)
Case details for

Fleming v. State

Case Details

Full title:GARLAND FLEMING, Appellant, v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jun 9, 2005

Citations

Nos. 11-05-00175-CR, 11-05-00176-CR (Tex. App. Jun. 9, 2005)