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

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i i i i i i MEMORANDUM OPINION No. 04-08-00621-CR Fernando MEDEROS, Appellant v. The STATE of Texas, Appellee From the 290th District Court, Bexar County, Texas Trial Court No. 2005-CR-5628 Honorable Sharon MacRae, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: November 5, 2008 DISMISSED FOR LACK OF JURISDICTION 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 Everett v. State, 82 S.W.3d 735, 735 (Tex. App. Waco 2002, no pet.); see also Vineyard v. State, No. 04-07-00575-CR, 2007 WL 2935836 at *1 (Tex. App. San Antonio Oct. 10, 2007, no pet.) (not designated for publication). Therefore, 04-08-00621-CR on October 1, 2008, this court ordered appellant to show cause why this appeal should not be dismissed for want of jurisdiction. On October 16, 2008, appellant s appointed counsel on appeal filed a response agreeing that this court had no choice but to dismiss the appeal. We therefore dismiss the appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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