Reginald Benard Hatton v. the State of Texas

Court of Appeals Tenth Appellate District of Texas

10-25-00079-CR 10-25-00080-CR

Reginald Benard Hatton, Appellant

v.

The State of Texas, Appellee

On appeal from the 87th District Court of Limestone County, Texas Judge Amy Thomas Ward, presiding Trial Court Cause Nos. 12029-A and 12115-A

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Reginald Hatton appeals from the denial of his motion for judgment nunc pro tunc in the above proceedings. The State has filed a Motion to Dismiss Hatton’s appeals for lack of jurisdiction on the grounds that a denial of a motion for judgment nunc pro tunc is not an appealable order or judgment.

An order denying a motion nunc pro tunc is not appealable. See Castor v. State, 205 S.W.3d 666, 667 (Tex. App.—Waco 2006, no pet.). The appropriate remedy for the denial of a motion 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).

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

LEE HARRIS Justice

OPINION DELIVERED and FILED: May 22, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish CRPM

Hatton v. State Page 2