Wade Byron Morgan v. State

Court of Appeals of Texas·Decided April 10, 2019·No. 09-19-00077-CR·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-19-00077-CR

WADE BYRON MORGAN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 75th District Court Liberty County, Texas

Trial Cause No. CR22130

MEMORANDUM OPINION

Wade Byron Morgan filed a notice of appeal from the trial court’s order of February 27, 2019, which denied Morgan’s motion for entry of a judgment nunc pro tunc. We questioned our jurisdiction over this appeal. Morgan filed a response but did not establish our jurisdiction over this appeal. The State filed a response alleging that this Court lacks jurisdiction. We lack jurisdiction over this appeal because an order denying a motion for judgment nunc pro tunc is not appealable. See Everett v.

State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. dism’d); Allen v. State, 20 S.W.3d 164, 165 (Tex. App.—Texarkana 2000, no pet. [mand. denied]). Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

LEANNE JOHNSON

Justice

Submitted on April 9, 2019 Opinion Delivered April 10, 2019 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.

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Related

Allen v. State
20 S.W.3d 164 (Court of Appeals of Texas, 2000)
Everett v. State
82 S.W.3d 735 (Court of Appeals of Texas, 2002)