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 2022-06

Dennis Jerome Pierce v. the State of Texas ( 2022 )


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  • Dismiss and Opinion Filed June 13, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00270-CR
No. 05-22-00436-CR
DENNIS JEROME PIERCE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F02-24969-Q & F02-24968-Q
MEMORANDUM OPINION
Before Justices Myers, Carlyle, and Goldstein
Opinion by Justice Carlyle
Dennis Jerome Pierce was charged with two offenses of indecency to a child
younger than 17 years. On June 13, 2003, the trial court deferred adjudication of
guilt in F02-24969-Q (appellate cause number 05-22-00270-CR) and placed him on
probation for ten years. He was adjudicated guilty on January 28, 2013 and sentenced
to twenty years in prison. In F02-24968-Q (appellate cause number 05-22-00436-
CR), the trial court found him guilty on June 13, 2003 and assessed punishment at
seven years in prison. In a document dated March 25, 2022, appellant informed the
Court he wished to appeal the “negative response via U.S. Mail from the 204th
Judicial District Court of Dallas” regarding his request for judgment nunc pro tunc.
According to the documents attached to his notice of appeal, appellant filed a request
for judgment nunc pro tunc in October 2021. For the reasons that follow, we dismiss
these appeals.
Appellant has the right to appeal when a trial court enters a “judgment of guilt
or other appealable order.” See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial court
“enters” an appealable order by signing a written order. See State v. Sanavongxay,
    407 S.W.3d 252
    , 259 (Tex. Crim. App. 2012) (court of appeals has no jurisdiction
over State’s appeal until there is signed written order); State ex rel. Sutton v. Bage,
    822 S.W.2d 55
    , 57 (Tex. Crim. App. 1992) (orig. proceeding) (determining that trial
court has not entered order justifying appeal until written order is signed); see also
Rodarte v. State,
    860 S.W.2d 108
    , 110 (Tex. Crim. App. 1993) (defendant’s timetable
for filing notice of appeal from adverse habeas decision begins when appealable
order signed).
Although appellant filed a motion for a judgment nunc pro tunc, the trial court
did not sign and enter an appealable order. Therefore, appellant’s notices of appeal
do not confer jurisdiction upon this Court. See Sanavongxay, 407 S.W.3d at 259.
Furthermore, even if we construed the trial court’s “negative response” as a
denial of appellant’s request for judgment nunc pro tunc, we would dismiss these
appeals because an order denying a motion for judgment nunc pro tunc is not
appealable. Castor v. State,
    205 S.W.3d 666
    , 667 (Tex. App.—Waco 2006, no pet.)
(“We do not have appellate jurisdiction of the denial of a motion for judgment nunc
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pro tunc.”). The appropriate remedy for the denial of a motion for judgment nunc
pro tunc is to file a petition for writ of mandamus in the court of appeals. Ex parte
Florence,
    319 S.W.3d 695
    , 696 (Tex. Crim. App. 2010); Ex parte Ybarra,
    149 S.W.3d 147
    , 148–49 (Tex. Crim. App. 2004).
Under these circumstances, we dismiss these appeals for want of jurisdiction.
See TEX. R. APP. P. 43.2(f).
220270f.u05
220436f.u05                                /Cory L. Carlyle//
Do Not Publish                             CORY L. CARLYLE
TEX. R. APP. P. 47.2(b)                    JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DENNIS JEROME PIERCE,                        On Appeal from the 204th Judicial
Appellant                                    District Court, Dallas County, Texas
Trial Court Cause No. F02-24968-Q.
No. 05-22-00436-CR          V.               Opinion delivered by Justice Carlyle.
Justices Myers and Goldstein
THE STATE OF TEXAS, Appellee                 participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered this 13th day of June, 2022.
–4–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DENNIS JEROME PIERCE,                        On Appeal from the 204th Judicial
Appellant                                    District Court, Dallas County, Texas
Trial Court Cause No. F02-24969-Q.
No. 05-22-00270-CR          V.               Opinion delivered by Justice Carlyle.
Justices Myers and Goldstein
THE STATE OF TEXAS, Appellee                 participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered this 13th day of June, 2022.
–5–