Ex Parte Jose J. Lopez ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00378-CR
EX PARTE JOSE J. LOPEZ
From the 85th District Court
Brazos County, Texas
Trial Court No. 10-01439-CRF-85-A
MEMORANDUM OPINION
On December 9, 2014, appellant, Jose J. Lopez, filed his notice of appeal,
challenging the trial court’s denial of his application for post-conviction writ of habeas
corpus under article 11.072, section 6 of the Code of Criminal Procedure. See TEX. CODE
CRIM. PROC. ANN. art. 11.072, § 6 (West Supp. 2014). The record reflects that the trial
court denied appellant’s habeas-corpus application on November 5, 2014. Appellant’s
notice of appeal is untimely, and we have no jurisdiction of an untimely appeal. See
TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)
(noting that we have no appellate jurisdiction where the notice of appeal is untimely).
This appeal is therefore dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State, 183
S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals . . . must dismiss a
prohibited appeal without further action, regardless of the basis for the appeal.”); Davis
v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed January 15, 2015
Do not publish
[CR25]
1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is
rendered. See TEX. R. APP. P. 49.1. If appellant desires to have the decision of this Court reviewed by
filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals
within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely
motion for rehearing was overruled by the court of appeals. See id. at R. 68.2(a).
Ex parte Lopez Page 2