Ex Parte Leo Thompson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 30, 2024
• Docket: 10-24-00094-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00094-CR

EX PARTE LEO THOMPSON

From the 413th District Court Johnson County, Texas Trial Court No. DC-F202300729

MEMORANDUM OPINION

Leo Thompson appeals the trial court’s denial of Thompson’s pre-trial application

for writ of habeas corpus and motion to quash the indictment. The trial court’s order,

containing its ruling on both the writ of habeas corpus application and the motion to

quash, was signed on January 24, 2024. Thompson’s notice of appeal was due on

February 23, 2024. See TEX. R. APP. P. 26.2(a)(1). It was not filed until April 1, 2024.

We have found nothing in the record that supports Thompson's assertion in his

response to the Court's dismissal notice to Thompson, dated May 14, 2024, that a notice

of appeal was filed with the trial court clerk on February 7, 2024 or on any other date that

would make Thompson’s appeal of the January 24, 2024 denial of an application for a

writ of habeas corpus timely. The only notice of appeal this Court received was on March 28 2024. It appears a copy of that notice of appeal was filed in the trial court on April 1,

2024 and then forwarded to this Court. Thus, by either date, the notice of appeal is

untimely.

We have no jurisdiction of an untimely appeal. Olivo v. State, 918 S.W.2d 519, 522

(Tex. Crim. App. 1996). Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed May 30, 2024 Do not publish [OT06]

Ex parte Thompson Page 2