Alicia Correa v. State

• Court: Court of Appeals of Texas
• Decided: August 16, 2016
• Docket: 01-14-00849-CR
• Status: Published

Opinion

Order issued August 16, 2016

In The Court of Appeals For The First District of Texas

NO. 01-14-00849-CR

ALICIA CORREA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No 4 Harris County, Texas Trial Court Cause No. 1922160

ORDER

This Court’s opinion and judgment was rendered on May 3, 2016, and the mandate in this case issued on July 15, 2016. Correa now moves to recall the mandate, expressing a desire to seek discretionary review before the Court of Criminal Appeals.

Correa’s petition for discretionary review was due 30 days after our judgment was rendered. See TEX. R. APP. P. 68.2(a). Correa’s counsel represents that he did not receive notice when our opinion issued on May 3, 2016. Thus, though the deadline for doing so has passed, Correa seeks leave to proceed to the Court of Criminal Appeals.

Irrespective of whether the mandate has issued, we have no authority to grant an appellant additional time to file a petition for discretionary review. Authority to enlarge the time for filing a petition for discretionary review rests with the Court of Criminal Appeals. TEX. R. APP. P. 68.2(c); TEX. CODE CRIM. PROC. art. 44.45(d); see also Rodriguez v. State, 28 S.W.3d 25, 27 (Tex. App.—Houston [1st Dist.] 2000, order). Accordingly, Correa’s motion to recall the mandate is DENIED.

It is so ORDERED.

/s/ Rebeca Huddle

Acting Individually

Do not publish. Tex. R. App. P. 47.