Opinion
NO. 12-14-00326-CR
12-10-2014
WESLEY SA UNDERS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 114TH JUDICIAL DISTRICT COURT SMITH COUNTY, TEXAS
MEMORANDUM OPINION
Appellant, Wesley Saunders, attempts to appeal from an order denying his motion for judgment nunc pro tunc to correct his presentence jail time credit. The denial of a motion for judgment nunc pro tunc is not an appealable order. Everett v. State, 82 S.W.3d 735, 735 (Tex. App.-Waco 2002, pet. dism'd) (mem. op.); Allen v. State, 20 S.W.3d 164, 165 (Tex. App.-Texarkana 2000, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008). Opinion delivered December 10, 2014
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114-0588-12)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.