Rosendo Maldonado v. The State of Texas Appeal from 187th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00394-CR Rosendo V. MALDONADO, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR5600 Honorable Stephanie R. Boyd, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia Alvarez, Justice Delivered and Filed: September 30, 2020 APPEAL DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on September 6, 2019 after appellant accepted a plea bargain. On April 13, 2020, appellant filed a “pro se nunc pro tunc motion.” On June 18, 2020, the trial court signed a “judgment nunc pro tunc” denying appellant’s pro se motion. On August 4, 2020, appellant filed a notice of appeal from the trial court’s denial of his motion. “An order denying a motion for judgment nunc pro tunc is not appealable.” Wilson v. State, No. 02-12-00382-CR, 2013 WL 257278, at *1 (Tex. App.—Fort Worth Jan. 24, 2013, no pet.) 04-20-00394-CR (mem. op., per curiam) (citing Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004) (per curiam)). Although entitled “judgment nunc pro tunc,” the trial court’s June 18, 2020 ruling is clearly an order denying a motion for judgment nunc pro tunc. On August 11, 2020, this court ordered appellant show cause in writing within fifteen (15) days of the date of the order why this appeal should not be dismissed for lack of jurisdiction. Appellant has not responded; therefore, this appeal is dismissed for lack of jurisdiction. PER CURIAM Do not publish -2-

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