Garland Fleming v. The State of Texas--Appeal from 106th District Court of Dawson County

11th Court of Appeals

Eastland, Texas

Opinion

Garland Fleming

Appellant

Vs. Nos. 11-05-00175-CR & 11-05-00176-CR -- Appeals from Dawson County

State of Texas

Appellee

Garland Fleming is attempting to appeal the trial court=s denial of two pro se motions requesting nunc pro tunc orders. We dismiss the appeals for want of jurisdiction.

In his motions filed in the trial court, Fleming asks the trial court to reform the sentences in his 1998 convictions. Upon receipt of Fleming=s notices of appeal, the clerk of this court wrote Fleming advising him that the trial court=s denial of his motions did not appear to be appealable and requesting that Fleming respond showing grounds for continuing these appeals.

Fleming has responded by forwarding copies of the April 1, 2005, orders denying his motions for nunc pro tunc orders. Fleming has also filed a pro se response in which, for the first time, he asserts that the trial court=s 1998 judgments are Avoid and voidable@ and are Aabsolutely null and void and incapable of being confirmed, ratified, or enforced in any manner or to a degree.@ [1]

The April 1, 2005, orders are not appealable orders. The appeals are dismissed for want of jurisdiction.

June 9, 2005 PER CURIAM

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.

[1]These arguments might be appropriate for a proceeding pursuant to TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon 2005).