Ex Parte Jesus Mirola, Jr.

• Court: Court of Appeals of Texas
• Decided: October 14, 2020
• Docket: 10-20-00261-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00261-CR

EX PARTE JESUS MIROLA, JR.

From the 413th District Court Johnson County, Texas Trial Court No. F46009-C

MEMORANDUM OPINION

On September 30, 2020, Jesus Mirola, Jr. filed a pro se notice of appeal from the trial

court’s order denying his post-conviction application for writ of habeas corpus under

article 11.072 of the Code of Criminal Procedure. The trial court’s order was signed and

entered on January 27, 2020. Mirola’s notice of appeal is therefore untimely, and we have

no jurisdiction of an untimely appeal. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d

519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is

untimely). For the reasons stated, this appeal is dismissed. Notwithstanding that we are dismissing this appeal, Mirola may file a motion for

rehearing with this Court within fifteen days after the judgment of this Court is rendered.

See TEX. R. APP. P. 49.1. If Mirola desires to have the decision of this Court reviewed by

filing a petition for discretionary review, that petition must be filed with the Court of

Criminal Appeals within thirty days after either the day this Court’s judgment is

rendered or the day the last timely motion for rehearing is overruled by this Court. See

TEX. R. APP. P. 68.2(a).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Appeal dismissed Opinion delivered and filed October 14, 2020 Do not publish [CR25]

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