Gainer v. State

Court of Criminal Appeals of Texas

Gainer v. State

630 S.W.2d 277, 1982 Tex. Crim. App. LEXIS 1013

CourtCourt of Criminal Appeals of Texas

DecidedApril 7, 1982

DocketNo. 82-1

StatusPublished

Cited by1 cases

This text of 630 S.W.2d 277 (Gainer v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gainer v. State, 630 S.W.2d 277, 1982 Tex. Crim. App. LEXIS 1013 (Tex. 1982).

Pincite

Opinion

ORDER

PER CURIAM.

The appellant moves that this court extend the deadline for him to file a petition for review. He alleges that, although he sent copies of his petition for review to this court and to counsel for the State, he failed to file the original petition with the court of appeals as required by Tex.Cr.App.R. 304(b). He also alleges that the court of appeals has issued its mandate.

Since the court of appeals has issued its mandate, we think that the appellant’s remedy must lie with that court. (For example, the appellant could move that the court of appeals withdraw its mandate and extend the time for him to file a motion for rehearing.)

The motion is denied.

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