Lavace Durell Morgan AKA Lavance Durell Jenkins v. the State of Texas ( 2022 )

Order entered October 24, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01115-CR
LAVACE DURELL MORGAN AKA LAVANCE DURELL JENKINS,
Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 354th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 21838
ORDER
On October 18, 2022, the Court received a pro se “Motion for Appointment
of Counsel on Nunc Pro Tunc and Notice to Appeal Nunc Pro Tunc.” The notice of
appeal states “The Court has entered a Judgment to the Nunc Pro Tunc and
defendant seeks to appeal the decision.”
A review of the trial court’s online docket sheet shows appellant filed a
motion for nunc pro tunc relief on July 28, 2022. The online docket sheet does not
show any ruling on the motion.
This Court has no jurisdiction to entertain an appeal unless the trial court has
entered a judgment or appealable order. See TEX. R. APP. P. 26.2(a)(1); State v.
Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Henderson v. State,
153 S.W.3d 735, 735–36 (Tex. App.—Dallas 2005, no pet.). To assist the Court in
determining whether we have jurisdiction to proceed, we order the following relief.
We ORDER the H u n t County D i s t r i c t Clerk to review its records to
determine if the trial court has entered a judgment or written order ruling on
appellant’s pro se motion motion for nunc pro tunc relief. If the Hunt County
District Clerk’s records show the trial court has not entered a judgment or written
order ruling on appellant’s pro se motion seeking nunc pro tunc relief, then we
ORDER the H u n t County D i s t r i c t Clerk to file, by November 14, 2022, a
verification that the trial court has not entered a judgment or written order ruling
on appellant’s pro se motion for nunc pro tunc relief.
If the Hunt County District Clerk’s records show the trial court has entered a
judgment or written order ruling on appellant’s pro se motion for nunc pro tunc
relief, then we ORDER the Hunt County District Clerk to file, by November 14,
2022, a clerk’s record containing the motion for nunc pro tunc relief, any response
to the motion by the State, any other documents related to the motion for nunc pro
tunc relief, the trial court’s written judgment or order ruling on the motion for nunc
pro tunc relief, any findings of fact the trial court has entered on the motion for
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nunc pro tunc relief, the trial court’s certification of the right to appeal, and any
other documents filed with the clerk that the parties request.
Because the Court questions its jurisdiction over this appeal, we will defer
ruling on motions or other matters until we receive the verification or record from
the district clerk and determine whether we have jurisdiction to proceed.
We DIRECT the Clerk of the Court to transmit copies of this order to the
Honorable Keli Aiken, Presiding Judge, 354th Judicial District Court; to Susan
Spradling, Hunt County District Clerk; to Noble Walker, Hunt County District
Attorney; and to Lavace Durell Morgan, TDCJ No. 01284341; Estelle Unit; 264
FM 3478; Huntsville, Texas 77320-3320.
/s/ LANA MYERS
JUSTICE
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