in Re Jay Chung

• Court: Court of Appeals of Texas
• Decided: March 5, 2015
• Docket: 10-15-00071-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-15-00071-CR

IN RE JAY CHUNG

Original Proceeding

MEMORANDUM OPINION

Jay Chung’s conviction was affirmed as to his guilt but reversed and remanded

for a new trial as to punishment. Chung v. State, No. 10-13-00307-CR, 2014 Tex. App.

LEXIS 11724 (Tex. App.—Waco Oct. 23, 2014, pet. ref’d). Chung filed a petition for

discretionary review with the Court of Criminal Appeals. The Court of Criminal

Appeals recently refused discretionary review. In re Chung, PD-1492-14, 2015 Tex.

Crim. App. LEXIS 169 (Tex. Crim. App. Feb. 11, 2015).

Chung has filed a pro se petition for writ of mandamus seeking to compel the

trial court to immediately proceed to the retrial of the issue of punishment. The trial

court cannot proceed with the retrial of Chung’s punishment until the mandate issues from this Court. The mandate cannot issue until at least 10 days after the time for a

rehearing of the petition for discretionary review has expired. See TEX. R. APP. P. 18.1

(a)(2) & (b). That time has not expired. Thus, we have not issued our mandate.

Accordingly, Chung’s petition for writ of mandamus is denied.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed March 5, 2015 Do not publish [OT06]

In re Chung Page 2