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David Henry Hansen v. Terry Ann Hansen

Court of Appeals of Texas·Decided July 9, 2007·No. 03-07-00112-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00238-CR

Douglas Howard Doores, Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR99-255, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

MEMORANDUM OPINION

Douglas Howard Doores seeks to appeal the district court’s order denying his motion for entry of a judgment nunc pro tunc. It appears that Doores is seeking additional jail time credit.

An appeal does not lie from an order denying a request for judgment nunc pro tunc to correct the award of jail time credit. Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.—Corpus Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735 (Tex. App.—Waco 2002, pet. ref’d). The appropriate procedure for a person seeking additional jail time credit is to present the issue to the trial court in a motion for nunc pro tunc judgment and if the motion is unsuccessful, to seek relief by a petition for writ of mandamus. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004).

The appeal is dismissed.

David Puryear, Justice

Before Chief Justice Law, Justices Puryear and Henson Dismissed for Want of Jurisdiction Filed: July 9, 2007 Do Not Publish

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David Henry Hansen v. Terry Ann Hansen, (Tex. Ct. App. 2007).

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Related

Sanchez v. State
112 S.W.3d 311 (Court of Appeals of Texas, 2003)
Everett v. State
82 S.W.3d 735 (Court of Appeals of Texas, 2002)
Ex Parte Ybarra
149 S.W.3d 147 (Court of Criminal Appeals of Texas, 2004)