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Thomas v. State

Court of Appeals For The First District of Texas
Dec 18, 2014
NO. 01-14-00817-CR (Tex. App. Dec. 18, 2014)

Opinion

NO. 01-14-00817-CR

12-18-2014

DERRICK ALONZO THOMAS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 268th Judicial District Court Fort Bend County, Texas
Trial Court Case No. 12-DCR-061680

MEMORANDUM OPINION

Appellant, Derrick Alonzo Thomas, proceeding pro se, attempts to appeal from the trial court's September 4, 2014 order denying his motion for judgment nunc pro tunc seeking additional pre-sentence jail time credit, and has filed a motion for leave to proceed in forma pauperis and to file his affidavit of indigence in support. However, the Texas Court of Criminal Appeals has held that the proper procedure to challenge the denial of a motion for judgment nunc pro tunc is by a writ of mandamus, not by appeal. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010) ("If the trial court denies 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.")

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Thomas v. State

Court of Appeals For The First District of Texas
Dec 18, 2014
NO. 01-14-00817-CR (Tex. App. Dec. 18, 2014)
Case details for

Thomas v. State

Case Details

Full title:DERRICK ALONZO THOMAS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Dec 18, 2014

Citations

NO. 01-14-00817-CR (Tex. App. Dec. 18, 2014)