Ex Parte Jose J. Lopez

• Court: Court of Appeals of Texas
• Decided: January 15, 2015
• Docket: 10-14-00378-CR
• Status: Published

Opinion

WITHDRAWN 2-12-15 IN THE TENTH COURT OF APPEALS

No. 10-14-00378-CR

EX PARTE JOSE J. LOPEZ

From the 85th District Court Brazos County, Texas Trial Court No. 10-01439-CRF-85-A

MEMORANDUM OPINION

On December 9, 2014, appellant, Jose J. Lopez, filed his notice of appeal,

challenging the trial court’s denial of his application for post-conviction writ of habeas

corpus under article 11.072, section 6 of the Code of Criminal Procedure. See TEX. CODE

CRIM. PROC. ANN. art. 11.072, § 6 (West Supp. 2014). The record reflects that the trial

court denied appellant’s habeas-corpus application on November 5, 2014. Appellant’s

notice of appeal is untimely, and we have no jurisdiction of an untimely appeal. See

TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)

(noting that we have no appellate jurisdiction where the notice of appeal is untimely). This appeal is therefore dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State, 183

S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals . . . must dismiss a

prohibited appeal without further action, regardless of the basis for the appeal.”); Davis

v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed January 15, 2015 Do not publish [CR25]

1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See id. at R. 68.2(a).

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