Garland Scroggins v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-08-00589-CR


Garland Scroggins, Appellant



v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 3012305, HONORABLE BOB PERKINS, JUDGE PRESIDING


M E M O R A N D U M O P I N I O N

This is an attempted appeal from the denial of appellant's "Motion for Nunc Pro Tunc Order to Correct Invalid Affirmative Finding of a Deadly Weapon." The denial of a motion for a nunc pro tunc judgment is not an appealable order. Everett v. State, 82 S.W.3d 735, 735 (Tex. App.--Waco 2002, pet dism'd). Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction. Accordingly, we dismiss the appeal.



__________________________________________

Diane M. Henson, Justice

Before Justices Patterson, Waldrop and Henson

Dismissed for Want of Jurisdiction

Filed: October 30, 2008

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