# Derrick Alonzo Thomas v. State

> Texas Court of Appeals, 1st District (Houston) · December 22, 2014

URL: https://www.frixlaw.com/law-library/cases/2763325

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** December 22, 2014
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2763325

## Opinion text

Opinion issued December 18, 2014

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-14-00817-CR
———————————
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Do not publish.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).

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2763325. Public record. Not legal advice.