Javier Garcia v. the State of Texas
This text of Javier Garcia v. the State of Texas (Javier Garcia v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 10th District (Waco) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals Tenth Appellate District of Texas
10-26-00016-CR
Javier Garcia, Appellant
v.
The State of Texas, Appellee
On appeal from the 19th District Court of McLennan County, Texas Judge Thomas C. West, presiding Trial Court Cause No. 2021-765-C1
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Javier Garcia appeals from the trial court’s order denying his motion for
judgment nunc pro tunc. The denial of a judgment nunc pro tunc is not an
appealable order. Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006,
no pet.). 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). Because the order is not an
appealable order, we do not have jurisdiction in this appeal. Accordingly, we
dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f).
STEVE SMITH Justice
OPINION DELIVERED and FILED: January 15, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal Dismissed Do not publish CR25
Garcia v. State Page 2
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Javier Garcia v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/javier-garcia-v-the-state-of-texas-txctapp10-2026.