Christopher K. Schmotzer v. State ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00071-CR
CHRISTOPHER K. SCHMOTZER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 09-01287-CRF-85
MEMORANDUM OPINION
Christopher Schmotzer appeals the trial court’s denial of his motion for
appointment of counsel pursuant to Chapter 64 of the Code of Criminal Procedure. An
order denying appointed counsel under Chapter 64 is not an immediately appealable
order under Rule 25.2(a)(2). Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010).
Accordingly, we do not have jurisdiction to consider Schmotzer’s claim and thus, must
dismiss this appeal. Id.Notwithstanding that this appeal must be dismissed, Schmotzer may file a motion
for rehearing with this Court within 15 days after this opinion and judgment are rendered
if Schmotzer believes this opinion and judgment are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Schmotzer desires to
have the opinion and judgment of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals
within 30 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 TEX. R. APP. P. 68.2(a).
This appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Dismissed
Opinion delivered and filed March 6, 2019
Do not publish
[CRPM]
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