Javier Garcia v. the State of Texas

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DELIVERED and FILED: January 15, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal Dismissed Do not publish CR25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