Lawrence Lewis Love v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-16-00380-CR
LAWRENCE LEWIS LOVE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2014-1065-C1
ORDER REQUESTING A RESPONSE
Lawrence Lewis Love appealed the trial court’s judgment of conviction dated
November 10, 2016. We dismissed the appeal because the trial court’s certificate of right
of appeal, which Love signed, indicated that the underlying criminal case was a plea
bargain case, that Love had no right to appeal, and that Love waived his right to appeal.
See Love v. State, No. 10-16-00380-CR, 2016 Tex. App. LEXIS 12547 (Tex. App.—Waco Nov.
23, 2016, no pet. h.) (not designated for publication). A motion for rehearing, if any, was
due on December 8, 2016. TEX. R. APP. P. 49.1. Appellant’s motion for rehearing was e-
filed on December 12, 2016.
By letter dated December 13, 2016, the Court notified appellant that his motion for
rehearing was untimely and gave appellant an opportunity to show grounds for
considering the motion.
Appellant promptly filed a Response to Reconsider Motion for Rehearing
explaining why his motion for rehearing was untimely. While the response is not
denominated a motion for extension of time to file a motion for rehearing, it has
substantive characteristics of such a motion. See TEX. R. APP. P. 10.5(b); 49.8.
The Court is considering treating appellant’s response as a motion for extension
of time to file a motion for rehearing. Accordingly, the Court requests a response from
the State regarding the Court’s consideration of appellant’s response and whether an
extension should be granted.
Further, should the Court treat the response as a motion for extension of time and
grant the motion, the Court requests a response from the State to appellant’s motion for
rehearing.
Both responses from the State must be filed within 7 days from the date of this
Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Response requested
Order issued and filed December 21, 2016
Love v. State Page 2