Denarius Dartiz Guillory v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-304 CR ____________________

DENARIUS DARTIZ GUILLORY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 94533

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MEMORANDUM OPINION

On July 24, 2008, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response from showing grounds for continuing the appeal. Appellant filed a response in which he addresses the merits of his appeal without establishing this Court's jurisdiction.

The notice of appeal seeks to appeal the trial court's order denying appellant's motion for judgment nunc pro tunc. See Everett v. State, 82 S.W.3d 735, 735 (Tex. App.-Waco 2002, pet. ref'd) (Court of Appeals does not have jurisdiction over appeal from order denying a request for judgment nunc pro tunc.). Accordingly, we hold that the order from which appellant appeals is not appealable. We dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

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HOLLIS HORTON

Justice

Opinion Delivered September 10, 2008

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.