Wade Byron Morgan v. State

• Court: Court of Appeals of Texas
• Decided: April 10, 2019
• Docket: 09-19-00077-CR
• Status: 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. 1 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Submitted on April 9, 2019 Opinion Delivered April 10, 2019 Do Not Publish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.