Alfred Lee Rice v. the State of Texas

Opinion filed February 12, 2026

In The

Eleventh Court of Appeals
__________

No. 11-25-00260-CR
__________

ALFRED LEE RICE JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 441st District Court
Midland County, Texas
Trial Court Cause No. CR51461

MEMORANDUM OPINION
On September 10, 2025, Appellant, Alfred Lee Rice Jr., filed a pro se notice
of appeal seeking to appeal the trial court’s failure to rule on or otherwise respond
to his motions for judgment nunc pro tunc. When this appeal was docketed, the clerk
of this court informed Appellant by letter that it did not appear that he had a present
right to appeal under the circumstances. We requested that Appellant respond and
show grounds to continue the appeal and informed him that the appeal was subject
to dismissal. TEX. R. APP. P. 42.3. Appellant did not file a response.
An appellate court has jurisdiction to consider an appeal by a criminal
defendant from a final judgment of conviction or as otherwise authorized by law.
Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008); McKinney v. State,
207 S.W.3d 366, 374 (Tex. Crim. App. 2006); see TEX. CODE CRIM. PROC. ANN.
art. 44.02 (West 2018); TEX. R. APP. P. 25.2(a)(2). A trial court’s denial or failure
to rule on a motion for judgment nunc pro tunc is not appealable. See Ex parte
Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010) (per curiam). Instead, “[i)f
the trial court denies the motion for judgment nunc pro tunc or fails to respond, relief
may be sought by filing a[] [petition] for writ of mandamus in a court of appeals.”
Id. We note that after Appellant filed a notice of appeal, he sought the same relief
by filing a petition for writ of mandamus in this court, which is docketed under
appellate cause no. 11-25-00269-CR. Because the trial court’s failure to rule is not
appealable, we are without jurisdiction to consider it on direct appeal. See Florence,
319 S.W.3d at 696.
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a).

W. BRUCE WILLIAMS
JUSTICE
February 12, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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