Deshun D. Thomas v. the State of Texas

Appeal Dismissed and Memorandum Opinion filed December 3, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00573-CR

DESHUN D. THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court
Harris County, Texas
Trial Court Cause No. 0786932

MEMORANDUM OPINION

This is an attempted appeal of the trial court’s ruling on appellant’s motion
for judgment nunc pro tunc. In Texas, appeals in criminal cases are permitted only
when they are authorized by statute. State ex rel. Lykos, 330 S.W.3d 904, 915 (Tex.
Crim. App. 2011); see Tex. Code Crim. Proc. Ann. art. 44.02. Generally, a
criminal defendant may only appeal from a final judgment. See State v. Sellers,
790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). An order denying a judgment
nunc pro tunc does not result in a new judgment, and no statute vests appellate
courts with jurisdiction over an appeal from an order denying a request for a
judgment nunc pro tunc. Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco
2002, pet. dism’d); see Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App.
2008). Because this appeal does not fall within the exceptions to the general rule
that appeal may be taken only from a final judgment of conviction, we have no
jurisdiction.

On September 18, 2024, this court notified the parties that the appeal would
be dismissed for lack of jurisdiction unless a party demonstrated that the court has
jurisdiction. Appellant’s response fails to demonstrate that this court has
jurisdiction to entertain the appeal.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).

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