Opinion
NO. 03-21-00031-CR
03-12-2021
Darriel Myhand, Appellant v. The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY
NO. 63241 , THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING MEMORANDUM OPINION
Darriel Myhand, appearing pro se, seeks to appeal from the trial court's denial of his motion for judgment nunc pro tunc. "The standard for determining jurisdiction is . . . whether the appeal is authorized by law." Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). In criminal cases, an appeal is authorized only when a trial court "enters a judgment of guilt or other appealable order." Tex. R. App. P. 25.2(a)(2); see Tex. Code Crim. Proc. art. 44.02 ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). A post-judgment order denying a motion for judgment nunc pro tunc is not an appealable order. See Abbott, 271 S.W.3d at 697 (holding that no rule or statutory or constitutional provision authorizes appeal of post-judgment order denying time-credit motion); Brown v. State, No. 03-19-00056-CR, 2019 Tex. App. LEXIS 1676, at *1 (Tex. App.—Austin Mar. 6, 2019, no pet.) (mem. op., not designated for publication) (holding that there is no appellate jurisdiction over denial of motion for judgment nunc pro tunc); Deshotel v. State, No. 14-13- 01093-CR, 2014 Tex. App. LEXIS 78, at *1-2 (Tex. App.—Houston [14th Dist.] Jan. 7, 2014, no pet.) (mem. op., not designated for publication) (same); Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.) (same). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/_________
Chari L. Kelly, Justice Before Justices Goodwin, Triana, and Kelly Dismissed for Want of Jurisdiction Filed: March 12, 2021 Do Not Publish