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Reyes v. State

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Jul 5, 2012
No. 04-12-00267-CR (Tex. App. Jul. 5, 2012)

Opinion

No. 04-12-00267-CR

07-05-2012

Vicente REYES, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2006CR6988

The Honorable Sharon MacRae, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, 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. On June 12, 2012, 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 Caceras v. State, No. 04-10-00132-CR, 2010 WL 726884, at *1 (Tex. App.—San Antonio Mar. 3, 2010, no pet.) (not designated for publication); Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.). Appellant did not respond to our order. Because we do not have jurisdiction to consider an appeal of an order denying a motion for a judgment nunc pro tunc, this appeal is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Reyes v. State

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Jul 5, 2012
No. 04-12-00267-CR (Tex. App. Jul. 5, 2012)
Case details for

Reyes v. State

Case Details

Full title:Vicente REYES, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals Fourth Court of Appeals District of Texas San Antonio

Date published: Jul 5, 2012

Citations

No. 04-12-00267-CR (Tex. App. Jul. 5, 2012)

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