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Hernandez v. State

Fourth Court of Appeals San Antonio, Texas
Jul 25, 2018
No. 04-18-00274-CR (Tex. App. Jul. 25, 2018)

Opinion

No. 04-18-00274-CR

07-25-2018

Jose Flores HERNANDEZ, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1980CR1362W
Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR LACK OF JURISDICTION

Appellant has filed a notice of appeal seeking to appeal the trial court's order denying his motion for a judgment nunc pro tunc. Because we do not have jurisdiction to consider an appeal of an order denying a motion for a judgment nunc pro tunc, we ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. Our order noted that the denial of a motion for a judgment nunc pro tunc is not an appealable order; instead, the proper remedy to obtain review of the denial of a motion for judgment nunc pro tunc is by petition for writ of mandamus. See Reyes v. State, No. 04-12-00267-CR, 2012 WL 2602965, at *1 (Tex. App.—San Antonio July 5, 2012, no pet.) (mem. op.); Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.). Appellant timely filed a response to our show cause order, but did not provide a basis upon which we may exercise jurisdiction over this appeal. We, therefore, dismiss this appeal for lack of jurisdiction.

PER CURIAM Do not publish


Summaries of

Hernandez v. State

Fourth Court of Appeals San Antonio, Texas
Jul 25, 2018
No. 04-18-00274-CR (Tex. App. Jul. 25, 2018)
Case details for

Hernandez v. State

Case Details

Full title:Jose Flores HERNANDEZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 25, 2018

Citations

No. 04-18-00274-CR (Tex. App. Jul. 25, 2018)

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