Ex Parte Keith Russell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 19, 2023
• Docket: 10-23-00289-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00289-CR

EX PARTE KEITH RUSSELL

From the 361st District Court1 Brazos County, Texas Trial Court No. 23-01878-CRM-361

MEMORANDUM OPINION

On September 28, 2023, Keith Russell filed a pro se notice of appeal from the trial

court’s order denying his pretrial habeas corpus application seeking bail reduction. The

trial court’s order was signed by an associate judge on May 25, 2023. See TEX. GOV’T CODE

ANN. § 54A.013 (stating that “[n]ot later than the 30th day after the date an action is taken

by an associate judge, a referring court may modify correct, reject, reverse, or recommit

for further information the action taken by the associate judge“ and that “[i]f the court

does not modify, correct, reject, reverse, or recommit an action to the associate judge, the

action becomes the decree of the court”). Texas Rule of Appellate Procedure 26.2(a)(1)

The case was pending in County Court at Law No. 2 when the order appealed from was signed; 1

however, by the time the notice of appeal was filed, the case had been transferred to the 361st District Court. requires an appellant’s notice of appeal to be filed within thirty days after the day the

trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Russell’s notice of appeal

is therefore untimely, and we have no jurisdiction of an untimely appeal. See id.; 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, Russell may file a motion for

rehearing with this Court within 15 days after this opinion and judgment are rendered if

he believes this opinion and judgment are erroneously based on inaccurate information

or documents. See TEX. R. APP. P. 49.1. Moreover, if Russell desires to have the opinion

and judgment of this Court reviewed by filing a petition for discretionary review, that

petition must be filed with the Court of Criminal Appeals within 30 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 id. R. 68.2(a).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed October 19, 2023 Do not publish [CR25]

Ex parte Russell Page 2