Javier Garcia v. the State of Texas

Court of Appeals
Tenth Appellate District of Texas

10-26-00016-CR

Javier Garcia,
Appellant

v.

The State of Texas,
Appellee

On appeal from the
19th District Court of McLennan County, Texas
Judge Thomas C. West, presiding
Trial Court Cause No. 2021-765-C1

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Javier Garcia appeals from the trial court’s order denying his motion for

judgment nunc pro tunc. The denial of a judgment nunc pro tunc is not an

appealable order. Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006,

no pet.). The appropriate remedy for the denial of a motion for judgment nunc

pro tunc is to file a petition for writ of mandamus in the court of appeals. Ex

parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010); Ex parte Ybarra,
149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004). Because the order is not an

appealable order, we do not have jurisdiction in this appeal. Accordingly, we

dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f).

STEVE SMITH
Justice

OPINION DELIVERED and FILED: January 15, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal Dismissed
Do not publish
CR25

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