Jaime Flores v. State

• Court: Court of Appeals of Texas
• Decided: May 28, 2019
• Docket: 04-19-00329-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas May 28, 2019

No. 04-19-00329-CR

Jaime FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2006CR6091 Honorable Kevin M. O'Connell, Judge Presiding

ORDER The appellant has filed a notice of appeal stating the appellant desires to appeal an order denying his motion for nunc pro tunc. We do not have jurisdiction over appeals of such orders and must dismiss such appeals for want of jurisdiction. See Brown v. State, No. 03-19-00056- CR, 2019 WL 1051856, at *1 (Tex. App.—Austin Mar. 6, 2019, no pet. h.) (mem. op., not designated for publication) (“There is no such grant of jurisdiction for this appeal from the district court's order denying a post-conviction motion for judgment nunc pro tunc.”). Moreover, the record before us does not contain a written order denying appellant’s motion for judgment nunc pro tunc. We have jurisdiction over appealable orders and judgments, and without an appealable written order or judgment, we lack appellate jurisdiction and must dismiss.

We therefore ORDER appellant to file a response by June 17, 2019 showing why this appeal should not be dismissed for want of jurisdiction. If a supplemental clerk’s record is necessary to show this court’s jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of May, 2019. ___________________________________ KEITH E. HOTTLE, Clerk of Court