Wade Byron Morgan v. State ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00077-CR
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WADE BYRON MORGAN, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. CR22130
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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.
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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.
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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Do Not Publish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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