Wooten, Ex Parte Christopher Bennett

• Court: Court of Criminal Appeals of Texas
• Decided: February 13, 2019
• Docket: PD-1412-18
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1412-18

EX PARTE CHRISTOPHER BENNET WOOTEN, Appellant

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE ELEVENTH COURT OF APPEALS HOWARD COUNTY

Per curiam.

ORDER

The Court of Appeals dismissed Appellant’s appeal of the trial court’s denial of his

application for writ of habeas corpus filed under Article 11.072 of the Texas Code of

Criminal Procedure. Ex parte Wooten, No. 11-18-00307-CR (Eastland - December 13,

2018). The Court of Appeals determined that Appellant’s notice of appeal was untimely

under Tex.R.App.P. 26.2(a)(1). Thus, the court did not have jurisdiction to consider the

merits of the appeal. Appellant filed this petition for discretionary review arguing that he

did not receive timely notice of the trial court’s order denying relief. Thus, he contends Ex parte Wooten - page 2

his appeal should be considered since he filed a notice of appeal timely once he received

notice of the trial court’s order. Appellant has included copies of various documents to

support his claim. However, under the jurisdictional time limits, his notice of appeal was

untimely. Rule 26.2(a)(1). Accordingly we refuse Appellant’s petition for discretionary

review. But Appellant may seek further recourse of this arguable due process violation

by filing an application for original writ of habeas corpus in THIS COURT seeking an

out-of-time appeal.

IT IS SO ORDERED THIS THE 13 th DAY OF FEBRUARY, 2019.

Do not publish