Jose Alberto Gutierrez v. State ( 2015 )


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  • The State of TexasAppellee Fourth Court of Appeals San Antonio, Texas November 19, 2015 No. 04-08-00655-CR Jose Alberto GUTIERREZ, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CR-1186 Honorable Sharon MacRae, Judge Presiding ORDER This court’s opinion and judgment dismissing this appeal pursuant to TEX. R. APP. P. 25.2(d) issued on October 15, 2008. On May 7, 2014, appellant filed a motion for rehearing which was dismissed for lack of jurisdiction because this court’s mandate issued on February 19, 2009. Since our ruling on May 7, 2014, appellant has filed five additional letters with this court. On November 5, 2015, this court received a sixth letter, containing numerous attachments, in which appellant appears to be requesting an additional rehearing. This court no longer has jurisdiction over this appeal; therefore appellant’s request for a rehearing is DISMISSED FOR LACK OF JURISDICTION. TEX. R. APP. P. 18, 19. Any additional relief that may be available to appellant would have to be pursued by filing appropriate documents with the convicting trial court which are returnable to the Texas Court of Criminal Appeals in Austin Texas. See TEX. CODE CRIM. PROC. art. 11.07. Pursuant to appellant’s request, this court is returning to appellant all of the original documents received by this court on November 5, 2015. Because this court no longer has jurisdiction to consider this appeal, any additional documents appellant mails to this court will be filed as “information received,” no ruling will be made thereon, and no additional documents will be returned to appellant. PER CURIAM ATTESTED TO: ___________________________________ Keith E. Hottle Clerk of Court

Document Info

Docket Number: 04-08-00655-CR

Filed Date: 11/19/2015

Precedential Status: Precedential

Modified Date: 11/20/2015