Jay Vineyard v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00575-CR
Jay VINEYARD,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-4856
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

 

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: October 10, 2007

 

DISMISSED FOR WANT OF JURISDICTION

On June 12, 2007, appellant filed a motion for judgment nunc pro tunc to adjust the amount of restitution ordered in the trial court's judgment. On June 20, 2007, the trial court signed an order denying the motion. Appellant filed a notice of appeal from the trial court's order denying his motion for judgment nunc pro tunc. This court does not have jurisdiction to consider an appeal from an order denying a motion for judgment nunc pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004); see also Castor v. State, 205 S.W.3d 666, 667 (Tex. App.--Waco 2006, no pet.); see also Alvarado v. State, No. 04-02-00735-CR, 2003 WL 120508, at *1 (Tex. App.--San Antonio Jan. 15, 2003, no pet.) (not designated for publication). On September 4, 2007, this court issued an order for appellant to show cause on or before September 19, 2007 why this appeal should not be dismissed for lack of jurisdiction. Appellant responded, citing case authority that recognizes a defendant's right to appellate review of an order of restitution when a timely notice of appeal is filed after the trial court's imposition of judgment. See Cartwright v. State, 605 S.W.2d 287, 289 (Tex. Crim. App. 1980); see also Narvaez v. State, 40 S.W.3d 729, 730 (Tex. App.--San Antonio 2001, pet. dism'd). Here, however, the time for filing a notice of appeal from the trial court's judgment has long since expired. See Tex. R. App. P. 26.2(a). In fact, appellant did file a direct appeal from the trial court's judgment which was dismissed for lack of jurisdiction due to an untimely notice of appeal. See Vineyard v. State, No. 04-01-00728-CR, 2002 WL 184374, at *1 (Tex. App.--San Antonio Feb. 6, 2002, pet. ref'd) (not designated for publication). Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH