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Tyler v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 15, 2006
No. 10-06-00225-CR (Tex. App. Nov. 15, 2006)

Opinion

No. 10-06-00225-CR

Opinion delivered and filed November 15, 2006. DO NOT PUBLISH.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court No. 2002-128-C. Appeal dismissed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.


MEMORANDUM OPINION


Appellant pled guilty to robbery (TEX. PEN. CODE ANN. § 29.02 (Vernon 2003)) and, under a plea bargain agreement, was sentenced to eight years' confinement in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID). The February 24, 2003 judgment reflects no deadly weapon finding. Apparently because records of TDCJ-ID and the parole board incorrectly reflect a deadly weapon finding or an aggravated robbery conviction, Appellant filed a motion for nunc pro tunc order in the trial court. The trial court denied that motion and Appellant's subsequent motion for reconsideration. He now seeks to appeal the trial court's denial of his motion for an order nunc pro tunc. We notified Appellant that this court may not have jurisdiction over this appeal and that unless he showed grounds for continuing his appeal, we would dismiss his appeal for want of jurisdiction. Appellant has failed to file a timely response. We do not have appellate jurisdiction of the denial of a motion for judgment nunc pro tunc. Everett v. State, 82 S.W.3d 735 (Tex.App.-Waco 2002, pet. dism'd). The appropriate remedy to obtain review of the denial of a nunc pro tunc motion is by a petition for writ of mandamus. Ex parte Forooghi, 185 S.W.3d 498 (Tex.Crim.App. 2006) (Johnson, J., concurring statement); see also Ex parte Ybarra, 149 S.W.3d 147, 149 (Tex.Crim.App. 2004). Accordingly, we dismiss this appeal for want of jurisdiction.


Summaries of

Tyler v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 15, 2006
No. 10-06-00225-CR (Tex. App. Nov. 15, 2006)
Case details for

Tyler v. State

Case Details

Full title:KENNETH E. TYLER, JR., Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 15, 2006

Citations

No. 10-06-00225-CR (Tex. App. Nov. 15, 2006)