The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00056-CR
Don Roberto Brown, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT
NO. 07-1284-K368, HONORABLE BURT CARNES, JUDGE PRESIDING
MEMORANDUM OPINION
Don Roberto Brown filed a notice of appeal attempting to challenge the district
court’s order denying Brown’s pro se “Motion to Rescind the Original Judgment of Conviction and
Delete Affirmative Finding of a Deadly Weapon.” This was in substance a motion for judgment
nunc pro tunc, seeking to correct what Brown perceived as clerical errors in his judgment of
conviction. See Blanton v. State, 369 S.W.3d 894, 897-98 (Tex. Crim. App. 2012); see also Aleman
v. State, No. 03-14-00576-CR, 2014 Tex. App. LEXIS 11790, at *1 (Tex. App.—Austin
Oct. 29, 2014, no pet.) (mem. op., not designated for publication) (considering similar pro se motion
to correct judgment as motion for judgment nunc pro tunc).
“The standard for determining jurisdiction is . . . whether the appeal is authorized by
law.” Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008); see Tex. Code Crim. Proc.
art. 44.02 (addressing defendants’ appeals in criminal cases); Tex. R. App. P. 25.2(a)(2) (authorizing
appeals from “judgment of guilt or other appealable order”). There is no such grant of jurisdiction
for this appeal from the district court’s order denying a post-conviction motion for judgment nunc
pro tunc. See Abbott, 271 S.W.3d at 696-97; see also Aleman, 2014 Tex. App. LEXIS 11790, at
*1-2 (dismissing appeal for want of jurisdiction because order denying motion for judgment nunc
pro tunc was not appealable); Suarez v. State, No. 03-14-00477-CR, 2014 Tex. App. LEXIS 10635,
at *1 (Tex. App.—Austin Sept. 25, 2014, pet. ref’d, untimely filed) (mem. op., not designated for
publication) (same).
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 43.2(f).
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Kelly and Smith
Dismissed for Want of Jurisdiction
Filed: March 6, 2019
Do Not Publish
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