Michael Eugene Pastian v. State ( 2004 )

Pastian v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-04-032-CR

     MICHAEL EUGENE PASTIAN,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 1999-289-C

MEMORANDUM OPINION

      The trial court convicted Michael Eugene Pastian of two counts of failure to stop and render aid and sentenced him to eight years’ imprisonment pursuant to a plea bargain agreement. Pastian filed a motion for judgment nunc pro tunc four years later, which the court denied by written order. Pastian seeks to appeal this order. This Court does not have appellate jurisdiction to review such a ruling. See Everett v. State, 82 S.W.2d 735, 735 (Tex. App.—Waco 2002, pet. dism’d) (mem. op.). Accordingly, the appeal is dismissed for want of jurisdiction.

                                                                   PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Justice Reyna

Appeal dismissed for want of jurisdiction

Opinion delivered and filed February 25, 2004

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judgment in whole or in part and render the judgment that the trial court should have rendered;

(d) reverse the trial court's judgment and remand the case for further proceedings;

(e) vacate the trial court's judgment and dismiss the case; or

(f) dismiss the appeal.

Tex. R. App. P. 43.2 (emphasis added).

      Pursuant to Rule 42.1(a) we are given the authority to grant the relief agreed to by the parties. This rule provides as follows:

42.1 Voluntary Dismissal in Civil Cases.

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Id. 42.1 (emphasis added). Thus, we dispose of this appeal in accordance with the agreement of the parties. Id. The judgment is reversed and the cause is remanded to the trial court for entry of the Agreed Amended Judgment. Costs are taxed against the party incurring them in accordance with the agreement of the parties.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Reversed and Remanded

Opinion delivered and filed July 25, 2001

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