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Ex Parte Zachary Pistolis ( 2018 )


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  •                     In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-18-00169-CR
EX PARTE ZACHARY PISTOLIS
On Appeal from the 202nd District Court
Bowie County, Texas
Trial Court No. 16F0489-202
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Zachary Pistolis has filed an untimely notice of direct appeal from the trial court’s denial
of his pretrial application for a writ of habeas corpus. We dismiss the appeal for want of
jurisdiction.
Pistolis challenged the indictment filed against him in the trial court through a pretrial
application for a writ of habeas corpus. The trial court denied that application on October 10,
2017. Pistolis filed a notice of appeal from that order on September 24, 2018. When a trial court
denies a pretrial application for habeas corpus relief, the applicant can immediately appeal. See
Ex parte McCullough,
    966 S.W.2d 529
    , 531 (Tex. Crim. App. 1998); Green v. State,
    999 S.W.2d 474
    , 476 (Tex. App.—Fort Worth 1999, pet. ref’d). However, under the Texas Rules of Appellate
Procedure, such appeal must be perfected within thirty days of the date the appealable order was
entered. See
    Green, 999 S.W.2d at 476
    . The Texas Court of Criminal Appeals has expressly held
that, without a timely notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo
v. State,
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996); see also Slaton v. State,
    981 S.W.2d 208
    ,
209 n.3 (Tex. Crim. App. 1998).
We notified Pistolis by letter that his notice of appeal appeared to be untimely and that the
appeal was subject to dismissal for want of jurisdiction. We gave Pistolis ten days to respond to
our letter and demonstrate how, notwithstanding the defect herein noted, we had jurisdiction over
the appeal. We received no response.
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Because Pistolis did not timely file his notice of appeal, we dismiss the appeal for want of
jurisdiction.
Ralph K. Burgess
Justice
Date Submitted:        October 30, 2018
Date Decided:          October 31, 2018
Do Not Publish
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