Marcus James Mayfield v. State
This text of Marcus James Mayfield v. State (Marcus James Mayfield v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00217-CR
Marcus James Mayfield, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CR20,113, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING
MEMORANDUM OPINION
Marcus James Mayfield filed a notice of appeal attempting to challenge the
district court’s order denying his request for leave to file an appeal “nunc pro tunc” from his
April 27, 2000 conviction following his plea of guilt to aggravated sexual assault of a child.
Because there is no grant of authority for an appeal from a post-conviction order
denying leave to file an appeal “nunc pro tunc,” we do not have jurisdiction to review this order. See
Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008) (“The standard for determining
jurisdiction is not whether appeal is precluded by law, but whether the appeal is authorized by law.”).
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Bourland
Dismissed for Want of Jurisdiction
Filed: April 15, 2016
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