Robert Martinez v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00107-CR
Robert MARTINEZ, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR6698
Honorable Jefferson Moore, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
Delivered and Filed: March 14, 2018
DISMISSED FOR LACK OF JURISDICTION
Appellant Robert Martinez, proceeding pro se, attempts to appeal from the trial court’s
January 12, 2018 order denying his motion for judgment nunc pro tunc seeking additional pre-
sentence jail time credit. However, the Texas Court of Criminal Appeals has held that the proper
procedure for challenging the denial of a motion for judgment nunc pro tunc is by writ of
mandamus, not by appeal. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010)
(“If the trial court denied 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.”).
04-18-00107-CR
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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