Jose Flores Hernandez v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00274-CR
Jose Flores HERNANDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1980CR1362W
Honorable Jefferson Moore, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: July 25, 2018
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. Because we do not have jurisdiction to consider an appeal
of an order denying a motion for a judgment nunc pro tunc, 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 Reyes v. State, No. 04-12-00267-CR, 2012 WL 2602965, at *1 (Tex.
04-18-00274-CR
App.—San Antonio July 5, 2012, no pet.) (mem. op.); Castor v. State, 205 S.W.3d 666, 667 (Tex.
App.—Waco 2006, no pet.). Appellant timely filed a response to our show cause order, but did
not provide a basis upon which we may exercise jurisdiction over this appeal. We, therefore,
dismiss this appeal for lack of jurisdiction.
PER CURIAM
Do not publish
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