David Henry Hansen v. Terry Ann Hansen ( 2007 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-07-00238-CR
    Douglas Howard Doores, Appellant
    v.
    The State of Texas, Appellee
    FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
    NO. CR99-255, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
    MEMORANDUM OPINION
    Douglas Howard Doores seeks to appeal the district court’s order denying his motion
    for entry of a judgment nunc pro tunc. It appears that Doores is seeking additional jail time credit.
    An appeal does not lie from an order denying a request for judgment nunc pro tunc
    to correct the award of jail time credit. Sanchez v. State, 
    112 S.W.3d 311
    , 312 (Tex. App.—Corpus
    Christi 2003, no pet.); Everett v. State, 
    82 S.W.3d 735
    (Tex. App.—Waco 2002, pet. ref’d). The
    appropriate procedure for a person seeking additional jail time credit is to present the issue to the
    trial court in a motion for nunc pro tunc judgment and if the motion is unsuccessful, to seek relief
    by a petition for writ of mandamus. Ex parte Ybarra, 
    149 S.W.3d 147
    , 148-49 (Tex. Crim.
    App. 2004).
    The appeal is dismissed.
    __________________________________________
    David Puryear, Justice
    Before Chief Justice Law, Justices Puryear and Henson
    Dismissed for Want of Jurisdiction
    Filed: July 9, 2007
    Do Not Publish
    2
    

Document Info

Docket Number: 03-07-00112-CV

Filed Date: 7/9/2007

Precedential Status: Precedential

Modified Date: 9/6/2015