TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00589-CR

Garland Scroggins, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT NO. 3012305, HONORABLE BOB PERKINS, JUDGE PRESIDING

MEMORANDUM OPINION

This is an attempted appeal from the denial of appellant’s “Motion for Nunc Pro Tunc Order to Correct Invalid Affirmative Finding of a Deadly Weapon.” The denial of a motion for a nunc pro tunc judgment is not an appealable order. Everett v. State, 82 S.W.3d 735, 735 (Tex. App.—Waco 2002, pet dism’d). 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. Accordingly, we dismiss the appeal.

__________________________________________ Diane M. Henson, Justice Before Justices Patterson, Waldrop and Henson Dismissed for Want of Jurisdiction Filed: October 30, 2008 Do Not Publish