COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00304-CR
MICHAEL A. SMITH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 0788049R
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MEMORANDUM OPINION 1
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Appellant Michael A. Smith appeals from the trial court’s order denying his
motion for judgment nunc pro tunc. In August 2014, we informed Appellant by
letter of our concern that we do not have jurisdiction over his appeal because the
order denying his motion does not appear to be an appealable order, and we
stated that his appeal could be dismissed unless he or any party filed a response
1
See Tex. R. App. P. 47.4.
showing grounds for continuing the appeal. While Appellant sent us another
motion for judgment nunc pro tunc apparently intended for the trial court, he did
not file anything responsive to our letter.
Because an order denying a motion for judgment nunc pro tunc is not
appealable, 2 we dismiss this appeal for want of jurisdiction. 3
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 2, 2014
2
See Ex parte Ybarra, 149 S.W.3d 147, 148–49 (Tex. Crim. App. 2004)
(providing that appropriate remedy for denial of motion for judgment nunc pro
tunc is to file petition for writ of mandamus in court of appeals); Everett v. State,
82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. dism’d) (mem. op.).
3
See Tex. R. App. P. 43.2(f).
2