Wade Byron Morgan v. State
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Submitted on April 9, 2019 Opinion Delivered April 10, 2019 Do Not Publish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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