Robert Jason Logan v. State

• Court: Court of Appeals of Texas
• Decided: October 31, 2018
• Docket: 09-18-00382-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00382-CR ____________________

ROBERT JASON LOGAN, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR28367 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Robert Jason Logan on February 10, 2012. Logan

filed a notice of appeal on September 27, 2018, more than thirty days after

sentencing. We notified the parties that our jurisdiction was not apparent from the

notice of appeal and further notified them that the appeal would be dismissed for

want of jurisdiction unless we received a response showing grounds for continuing

the appeal. Logan filed a response in which he argues that he timely filed a notice of

appeal from the trial court’s September 10, 2018, order denying Logan’s motion to

1 enter a judgment nunc pro tunc. An order denying Logan’s motion for judgment

nunc pro tunc is not independently appealable. See Everett v. State, 82 S.W.3d 735,

735 (Tex. App.—Waco 2002, pet. dism’d). 1 We dismiss the appeal for lack of

jurisdiction. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on October 30, 2018 Opinion Delivered October 31, 2018 Do Not Publish

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

1 A nunc pro tunc judgment is appealable. Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App. 2012). In this case, however, the trial court denied Logan’s request and did not sign a judgment nunc pro tunc. 2