Derrick Alonzo Thomas v. State

• Court: Court of Appeals of Texas
• Decided: December 22, 2014
• Docket: 01-14-00817-CR
• Status: Published

Opinion

Opinion issued December 18, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00817-CR ——————————— DERRICK ALONZO THOMAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 268th Judicial District Court Fort Bend County, Texas Trial Court Case No. 12-DCR-061680

MEMORANDUM OPINION

Appellant, Derrick Alonzo Thomas, proceeding pro se, attempts to appeal

from the trial court’s September 4, 2014 order denying his motion for judgment

nunc pro tunc seeking additional pre-sentence jail time credit, and has filed a

motion for leave to proceed in forma pauperis and to file his affidavit of indigence

in support. However, the Texas Court of Criminal Appeals has held that the proper procedure to challenge the denial of a motion for judgment nunc pro tunc is by a

writ of mandamus, not by appeal. See Ex parte Florence, 319 S.W.3d 695, 696

(Tex. Crim. App. 2010) (“If the trial court denies the motion for judgment nunc

pro tunc or fails to respond, relief may be sought by filing an application for writ

of mandamus in a court of appeals.”)

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all

pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Higley, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).