Kevin Smith v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-09-00544-CV

KEVIN SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 279th District Court

Jefferson County, Texas

Trial Cause No. F-189,697

MEMORANDUM OPINION

On December 17, 2009, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response, but failed to articulate a valid basis for jurisdiction in that response.

The notice of appeal seeks to appeal the trial court's order denying appellant's motion for judgment nunc pro tunc. The trial court's order is not appealable. See Everett v. State, 82 S.W.3d 735, 735 (Tex. App.-Waco 2002, pet. ref'd) (Court of Appeals does not have jurisdiction over appeal from order denying a request for judgment nunc pro tunc.). Accordingly, we hold the order from which appellant appeals is not appealable. We dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered January 21, 2010

Before McKeithen, C.J., Gaultney and Horton, JJ.