Glen Ray Kelly v. State

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00116-CR

Glen Ray Kelly,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 18th District Court

Johnson County, Texas

Trial Court No. F41868

ORDER

Glen Ray Kelly, although represented by counsel, has filed a motion for rehearing.  In his motion for rehearing, he complains of the Court’s order refusing to fully address the merits of the issues he raised in his brief in addition to the issue raised by appointed counsel.  We first note that while Kelly complains he was not served with a copy of counsel’s brief or the State’s brief, he has not served the motion for rehearing on either his counsel or the State.  See Tex. R. App. P. 9.5.  Regardless of this procedural omission, Kelly is not entitled to hybrid representation.  Ex parte Taylor, 36 S.W.3d 883, 887 (Tex. Crim. App. 2001); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.—Waco 2000, pet. ref'd). 

Accordingly, Kelly’s motion is stricken.  Kelly’s petition to the Court of Criminal appeals for discretionary review, if any, is due March 18, 2011.  Such a petition may be filed by Kelly acting as his own counsel and should be filed with this Court with appropriate service on the State.  See Tex. R. App. P. 48.4, 68.2, 68.3.  A motion for extension of time to file the petition should be filed with the Court of Criminal Appeals by the date the petition is due.  See id. at 68.2(c).

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Davis, and

            Justice Scoggins

Order issued and filed March 16, 2011

Do not publish

;                                                                      PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Memorandum Opinion issued and filed June 23, 1997

Do not publish