Charles Wayne Bryant v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00681-CR
NO. 03-18-00682-CR
Charles Wayne Bryant, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NOS. 43068, 43112, HONORABLE JACK W. PRESCOTT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Charles Wayne Bryant, appearing pro se, seeks to appeal from the trial
court’s denial of his motion for judgment nunc pro tunc. “The standard for determining jurisdiction
is . . . whether the appeal is authorized by law.” Abbott v. State, 271 S.W.3d 694, 696-97 (Tex.
Crim. App. 2008). In criminal cases, an appeal is authorized only when a trial court “enters a
judgment of guilt or other appealable order.” Tex. R. App. P. 25.2(a)(2); see Tex. Code Crim. Proc.
art. 44.02 (“A defendant in any criminal action has the right of appeal under the rules hereinafter
prescribed . . . .”). A post-judgment order denying a motion for judgment nunc pro tunc is not an
appealable order. See Abbott, 271 S.W.3d at 697 (holding that no rule or statutory or constitutional
provision authorizes appeal of post-judgment order denying time-credit); Mayzone v. State,
No. 13-17-00300-CR, 2017 Tex. App. LEXIS 10468, at *1(Tex. App.—Austin Nov. 9, 2017, no pet.)
(mem. op., not designated for publication) (holding that there is no appellate jurisdiction over denial
of motion for judgment nunc pro tunc); Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco
2006, no pet.) (same). Accordingly, we dismiss these appeals for want of jurisdiction. See Tex. R.
App. P. 43.2(f).
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Rose, Justices Triana and Kelly
Dismissed for Want of Jurisdiction
Filed: January 16, 2019
Do Not Publish
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