Opinion
No. 04-18-00274-CR
05-01-2018
Jose Flores HERNANDEZ, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1980CR1362W
Honorable Jefferson Moore, Judge Presiding
SHOW CAUSE ORDER
Appellant attempts to appeal from the trial court's denial of his motion for judgment nunc pro tunc signed on March 21, 2018. This court, however, is not vested with jurisdiction to consider an appeal from an order denying a request for judgment nunc pro tunc. See Reyes v. State, No. 04-12-00267-CR, 2012 WL 2602965, at *1 (Tex. App.—San Antonio July 5, 2012, no pet.) (not designated for publication) (denial of motion for judgment nunc pro tunc is not an appealable order, proper remedy is by petition for writ of mandamus); see also Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.). The Texas Court of Criminal Appeals has held that the proper procedure for challenging the denial of a motion for judgment nunc pro tunc is by writ of mandamus, not by appeal. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010) ("If the trial court denied the motion for judgment nunc pro tunc or fails to respond, relief may be sought by filing an application for writ of mandamus in a court of appeals.").
Therefore, Appellant is ORDERED to show cause in writing why this appeal should not be dismissed for lack of jurisdiction within thirty days from the date of this order. All other appellate deadlines are SUSPENDED pending our resolution of the jurisdictional issue.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of May, 2018.
/s/_________
Keith E. Hottle
Clerk of Court