CourtListener 10775156•Javier Garcia v. the State of Texas
Full text
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Do not publish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
Garcia v. State Page 2
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