Jerry H. Broseh v. The State of Texas--Appeal from 35th District Court of Brown County

11th Court of Appeals

Eastland, Texas

Opinion

Jerry H. Broseh

Appellant

Vs. No. 11-04-00230-CR -- Appeal from Brown County

State of Texas

Appellee

Jerry H. Broseh appeals pro se from the denial of a motion for judgment nunc pro tunc following his conviction by a jury of the offense of aggravated kidnapping. That jury assessed his punishment at 99 years in the Texas Department of Criminal Justice B Institutional Division and a fine of $2,500. Several years after his original conviction, he received a new punishment hearing. Broseh=s punishment in his second hearing was assessed at 99 years in the Texas Department of Criminal Justice B Institutional Division. He contends in two issues that the trial court had jurisdiction to correct the judgment in his cause through a nunc pro tunc order and that the trial court erred by not ruling on his motion. Broseh urged in his motion that his conviction should have been for the offense of kidnapping rather than aggravated kidnapping. We dismiss this appeal because we do not have jurisdiction over the appeal of a denial of a motion for judgment nunc pro tunc. Sanchez v. State, 112 S.W.3d 311, 312 (Tex.App. - Corpus Christi 2003, no pet=n); Everett v. State, 82 S.W.3d 735 (Tex.App. - Waco 2002, pet=n dism=d). The Texas Court of Criminal Appeals has recently held that the appropriate remedy is by a petition in the court of appeals for a writ of mandamus, unless there is a compelling reason not to do so. Ybarra v. State, 149 S.W.3d 147, 149 (Tex.Cr.App. 2004).

The appeal is dismissed for want of jurisdiction.

September 8, 2005 PER CURIAM

Do not publish.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

Panel consists of: Wright, J., and

McCall, J., and Hill, J.[1]

[1]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth sitting by assignment.