Hiram Miles v. State

Opinion

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas August 1, 2014

No. 04-97-00313-CR

Hiram MILES, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-0010 Judge Sharon S Macrae, Judge Presiding

ORDER Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Appellant has filed a pro se motion to vacate the opinion and judgment we issued in this appeal on March 3, 1999. This court’s plenary power has long expired. See TEX. R. APP. P. 19.1 (providing the plenary power of the appellate court expires 60 days after the judgment or 30 days after the court overrules all motions for rehearing or en banc reconsideration). Appellant’s motion to vacate is therefore DISMISSED FOR LACK OF JURISDICTION. See TEX. R. APP. P. 19.3 (providing the appellate court cannot vacate or modify its judgment after its plenary power has expired).

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of August, 2014.

___________________________________ Keith E. Hottle Clerk of Court