Marcus Cardell Rush v. The State of Texas--Appeal from 7th District Court of Smith County

NO. 12-07-00261-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARCUS CARDELL RUSH, APPEAL FROM THE SEVENTH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant Marcus Cardell Rush attempts to appeal the trial court s July 5, 2007 order denying his motion for judgment nunc pro tunc. Because this is not an appealable order, we dismiss the appeal for want of jurisdiction.

Neither the United States nor the Texas constitution guarantees the right to appeal state criminal convictions. Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). The right to appeal in a criminal case is granted only by statute. Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002). No statute vests this court with jurisdiction over an appeal from an order denying a motion for judgment nunc pro tunc. Everett v. State, 82 S.W.3d 735, 735 (Tex. App. Waco 2002, pet. dism d) (mem. op.). Therefore, we do not have jurisdiction over this appeal.

On July 17, 2007, this court notified Appellant, pursuant to Texas Rule of Appellate Procedure 37.2, that the information received in this appeal does not contain a final judgment or other appealable order. Appellant was further informed that the appeal would be dismissed if the information received in the appeal was not amended on or before August 16, 2007 to show the jurisdiction of this court. The deadline for amendment has passed, and Appellant has neither responded to our July 17, 2007 notice or otherwise shown the jurisdiction of this court. Accordingly, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 37.2, 44.3.

Opinion delivered August 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)