William Paul West v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00039-CR
___________________________
WILLIAM PAUL WEST, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 415th District Court
Parker County, Texas
Trial Court No. CR16-0789
Before Pittman, Birdwell, and Bassel, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant William Paul West appeals from the trial court’s order denying his
motion for judgment nunc pro tunc.
We informed Appellant by letter of our concern that we do not have
jurisdiction over his appeal because the order denying his motion does not appear to
be an appealable order, and we stated that his appeal could be dismissed unless he or
any party filed a response showing grounds for continuing the appeal. We received
no response.
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 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).
We therefore dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: March 14, 2019
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