Robert Carl Hutchinson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 12, 2024
• Docket: 10-24-00356-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00356-CR

ROBERT CARL HUTCHINSON, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2018-1279-C1

MEMORANDUM OPINION

On November 5, 2024, Robert Carl Hutchinson, filed a pro se notice of appeal

from the trial court’s judgment of conviction. Sentence was imposed in the case on May

7, 2019. Hutchinson’s notice of appeal is therefore untimely, and we have no

jurisdiction of an untimely appeal. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d

519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is

untimely). For the reasons stated, this appeal is dismissed. Notwithstanding that we are dismissing this appeal, Hutchinson may file a

motion for rehearing with this Court within fifteen days after the judgment of this

Court is rendered. See TEX. R. APP. P. 49.1. If Hutchinson desires to have the decision of

this Court reviewed by filing a petition for discretionary review, that petition must be

filed with the Court of Criminal Appeals within thirty days after either the day this

Court’s judgment is rendered or the day the last timely motion for rehearing is

overruled by this Court. See id. R. 68.2(a).

MATT JOHNSON Justice

Before Chief Justice Gray*, Justice Johnson, and Justice Smith *(Chief Justice Gray concurs.) Dismissed Opinion delivered and filed December 12, 2024 Do not publish [CR25]

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