Michael Lynn Mize v. The State of Texas Appeal from 258th District Court of Polk County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00024-CR ____________________ MICHAEL LYNN MIZE, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 22329 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court sentenced Michael Lynn Mize on December 9, 2015. Mize filed a notice of appeal on January 29, 2016, more than thirty days after sentencing. We notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. Mize filed a response in which he argues that he timely filed a notice of appeal from the trial court’s January 13, 2016, order denying Mize’s motion to 1 enter a judgment nunc pro tunc. Relief from the denial of a motion for judgment nunc pro tunc is through application for writ of mandamus in a court of appeals. Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010). We hold the order denying Mize’s motion for judgment nunc pro tunc is not appealable. See Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet. dism’d); Allen v. State, 20 S.W.3d 164, 165 (Tex. App.—Texarkana 2000, no pet.). The appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on March 22, 2016 Opinion Delivered March 23, 2016 Do Not Publish Before Kreger, Horton, and Johnson, JJ. 2
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