Robert Jason Logan v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00382-CR
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ROBERT JASON LOGAN, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. CR28367
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MEMORANDUM OPINION
The trial court sentenced Robert Jason Logan on February 10, 2012. Logan
filed a notice of appeal on September 27, 2018, more than thirty days after
sentencing. We notified the parties that our jurisdiction was not apparent from the
notice of appeal and further notified them that the appeal would be dismissed for
want of jurisdiction unless we received a response showing grounds for continuing
the appeal. Logan filed a response in which he argues that he timely filed a notice of
appeal from the trial court’s September 10, 2018, order denying Logan’s motion to
1
enter a judgment nunc pro tunc. An order denying Logan’s motion for judgment
nunc pro tunc is not independently appealable. See Everett v. State, 82 S.W.3d 735,
735 (Tex. App.—Waco 2002, pet. dism’d). 1 We dismiss the appeal for lack of
jurisdiction. See Tex. R. App. P. 43.2(f).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Submitted on October 30, 2018
Opinion Delivered October 31, 2018
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
1
A nunc pro tunc judgment is appealable. Blanton v. State, 369 S.W.3d 894,
904 (Tex. Crim. App. 2012). In this case, however, the trial court denied Logan’s
request and did not sign a judgment nunc pro tunc.
2