Johnathan Joe Ray v. State ( 2003 )

Opinion issued April 10, 2003

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-00089-CR

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JOHNATHAN JOE RAY, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 864065

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MEMORANDUM OPINION

               Appellant, Johnathan Joe Ray, pleaded guilty to burglary of a habitation with intent to commit theft on April 19, 2001. In accordance with a plea bargain agreement, the trial court sentenced appellant to confinement for two years. On January 8, 2003, appellant filed a pro se motion in the convicting court, complaining that he had been denied proper credit for time served and requesting a “nunc pro tunc order.” The trial court denied the motion on January 13, 2003, and appellant filed a notice of appeal from the denial.

               In a similar case, the Tenth Court of Appeals held that it had no jurisdiction over an appeal from an order denying a request for judgment nunc pro tunc to correct jail time credit. We agree with our sister court that neither the Texas Constitution nor any statute vests a court of appeals with jurisdiction over such an appeal. Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. ref’d); see also Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991).

               Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).