Douglas Howard Doores v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-07-00238-CR

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Douglas Howard Doores, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR99-255, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

Douglas Howard Doores seeks to appeal the district court's order denying his motion for entry of a judgment nunc pro tunc. It appears that Doores is seeking additional jail time credit.

An appeal does not lie from an order denying a request for judgment nunc pro tunc to correct the award of jail time credit. Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.--Corpus Christi 2003, no pet.); Everett v. State, 82 S.W.3d 735 (Tex. App.--Waco 2002, pet. ref'd). The appropriate procedure for a person seeking additional jail time credit is to present the issue to the trial court in a motion for nunc pro tunc judgment and if the motion is unsuccessful, to seek relief by a petition for writ of mandamus. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004).

The appeal is dismissed.

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David Puryear, Justice

Before Chief Justice Law, Justices Puryear and Henson

Dismissed for Want of Jurisdiction

Filed: July 9, 2007

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