Ronald Wayne Schofield v. State ( 2014 )


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  • Opinion issued June 5, 2014
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-14-00321-CR
    ———————————
    RONALD WAYNE SCHOFIELD, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 239th District Court
    Brazoria County, Texas
    Trial Court Case Nos. 34910 (Counts I & II)
    MEMORANDUM OPINION
    Appellant, Ronald Wayne Schofield, attempts to appeal from an order of the
    trial court denying his motion for judgment nunc pro tunc. The denial of a motion
    for judgment nunc pro tunc is not an appealable order. See Lozano v. State, No.
    01-13-00180-CR, 
    2013 WL 2106570
    , at *1 (Tex. App.—Houston [1st Dist.] May
    14, 2013, no pet.) (mem. op., not designated for publication); Zelaya v. State, Nos.
    01-11-00977-CR, 01-11-00978-CR, 01-11-00979-CR, 
    2013 WL 127439
    , at *1
    (Tex. App.—Houston [1st Dist.] Jan. 10, 2013, no pet.) (mem. op., not designated
    for publication); Everett v. State, 
    82 S.W.3d 735
    , 735 (Tex. App.—Waco 2002,
    pet. dism’d); see also Ex parte Florence, 
    319 S.W.3d 695
    , 696 (Tex. Crim. App.
    2010) (“If the trial court denies the motion for judgment nunc pro tunc or fails to
    respond, relief may be sought by filing an application for writ of mandamus in a
    court of appeals.”).
    Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all
    pending motions as moot.
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Higley and Brown.
    Do not publish. TEX. R. APP. P. 47.2(b).
    2
    

Document Info

Docket Number: 01-14-00321-CR

Filed Date: 6/5/2014

Precedential Status: Precedential

Modified Date: 10/16/2015