Robert Martinez v. State

• Court: Court of Appeals of Texas
• Decided: March 14, 2018
• Docket: 04-18-00107-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00107-CR

Robert MARTINEZ, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR6698 Honorable Jefferson Moore, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice

Delivered and Filed: March 14, 2018

DISMISSED FOR LACK OF JURISDICTION

Appellant Robert Martinez, proceeding pro se, attempts to appeal from the trial court’s

January 12, 2018 order denying his motion for judgment nunc pro tunc seeking additional pre-

sentence jail time credit. However, the Texas Court of Criminal Appeals has held that the proper

procedure for challenging the denial of a motion for judgment nunc pro tunc is by writ of

mandamus, not by appeal. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010)

(“If the trial court denied the motion for judgment nunc pro tunc or fails to respond, relief may be

sought by filing an application for writ of mandamus in a court of appeals.”). 04-18-00107-CR

Accordingly, we dismiss this appeal for lack of jurisdiction.

DO NOT PUBLISH

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