Cameron Jarell Smith v. State ( 2012 )

Order filed September 27, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                    Nos. 11-12-00132-CR & 11-12-00133-CR

                                                    __________

                            CAMERON JARELL SMITH, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                    On Appeal from the 29th District Court

                                                         Palo Pinto County, Texas

                                             Trial Court Cause Nos. 14640 & 14641

                                                                     O R D E R

            The State, joined by Cameron Jarell Smith, has filed an agreed motion to suspend the rules of appellate procedure in order to abate these appeals and permit the parties to file an out-of-time motion for new trial in the trial court.  The parties seek the requested relief pursuant to Tex. R. App. P. 2.  They contend that a suspension of the rules under Rule 2 is warranted in the interest of justice in light of evidence discovered subsequent to appellant’s convictions “that leads the attorney for the State to reasonably believe that evidence adduced at the trial was obtained in violation of [a]ppellant’s rights under the Fourth Amendment to the United States Constitution.”

            This court appreciates the parties’ candor and their efforts to obtain justice in an expedient manner.   However, the Texas Court of Criminal Appeals held in Oldham v. State, 977 S.W.2d 354 (Tex. Crim. App. 1998), that Rule 2 cannot be used to extend the thirty-day deadline for filing a motion for new trial.  See Tex. R. App. P. 24.4(a). Accordingly, the agreed motion to suspend the rules of appellate procedure is denied.

                                                                                                PER CURIAM                      

September 27, 2012

Do not publish. See Tex. R. App. P. 47.2(b).

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill.[2]

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[1]Eric Kalenak, Justice, resigned effective September 3, 2012.  The justice position is vacant pending appointment of a successor by the governor or until the next general election.

[2]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.