“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.”
How later courts described this case
- “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.”
Written by the judges who cited it.
The opinion
Opinion issued December 18, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00817-CR
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DERRICK ALONZO THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 268th Judicial District Court
Fort Bend County, Texas
Trial Court Case No. 12-DCR-061680
MEMORANDUM OPINION
Appellant, Derrick Alonzo Thomas, proceeding pro se, attempts to appeal
from the trial court’s September 4, 2014 order denying his motion for judgment
nunc pro tunc seeking additional pre-sentence jail time credit, and has filed a
motion for leave to proceed in forma pauperis and to file his affidavit of indigence
in support. However, the Texas Court of Criminal Appeals has held that the proper
procedure to challenge the denial of a motion for judgment nunc pro tunc is by a
writ of mandamus, not by appeal. See 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 Justices Keyes, Higley, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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