Frederick-William: Van Horn v. State
This text of Frederick-William: Van Horn v. State (Frederick-William: Van Horn v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-15-00394-CR
FREDERICK-WILLIAM: VAN HORN, Appellant v.
THE STATE OF TEXAS, Appellee
From the County Court at Law No. 2 Ellis County, Texas Trial Court No. WRIT 1001
ORDER
Frederick-William: Van Horn filed what could be considered as a motion for
rehearing on March 15, 2016. Before the Court could rule on that motion, Van Horn filed
a petition for discretionary review with the Court of Criminal Appeals. Our plenary
jurisdiction continues after a petition for review is filed in the Supreme Court, but there
is no corresponding rule for continuing jurisdiction in this Court after the filing of a
petition for discretionary review in the Court of Criminal Appeals. TEX. R. APP. P. 19.2; Vidales v. State, No. PD-0705-15, 2015 Tex. Crim. App. LEXIS 1056 (Tex. Crim. App. Oct.
7, 2015, publish). Because there is no rule which gives us plenary power to act after a
petition for discretionary review is filed, we have no jurisdiction to decide Van Horn’s
motion for rehearing. See id. Accordingly, Van Horn’s motion for rehearing filed on
March 15, 2016 is dismissed for want of jurisdiction.
PER CURIAM
Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion dismissed Order issued and filed April 14, 2016
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