Opinion
No. 11-17-00230-CR
10-12-2017
JOHN THOMAS PETERSON, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 70th District Court Ector County, Texas
Trial Court Cause No. A-37,200
MEMORANDUM OPINION
Appellant, John Thomas Peterson, Jr., filed a pro se notice of appeal from the denial of his motion for a judgment nunc pro tunc. Appellant sought to have the trial court enter a judgment nunc pro tunc with respect to credit for time served. We dismiss the appeal for want of jurisdiction.
When the appeal was filed in this court, we notified Appellant by letter that the order from which he attempted to appeal did not appear to be a final, appealable order. We requested that Appellant respond and show grounds to continue, and we informed him that this appeal may be dismissed. Appellant filed a response in which he addresses the merits of his request for credit for time served.
An intermediate appellate court has no jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc because such an order is not an appealable order. Gonzalez v. State, No. 11-17-00056-CR, 2017 WL 1275540, at *1 (Tex. App.—Eastland Mar. 31, 2017, no pet.) (mem. op., not designated for publication); Sims v. State, No. 05-14-01438-CR, 2014 WL 6453607, at *1 (Tex. App.—Dallas Nov. 18, 2014, no pet.) (mem. op., not designated for publication); Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.—Corpus Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735 (Tex. App.—Waco 2002, pet. dism'd). Thus, we have no jurisdiction to entertain this appeal.
We dismiss this appeal for want of jurisdiction.
PER CURIAM October 12, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.