In Re: Ryan Wallace v. the State of Texas ( 2024 )


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  • DISMISS and Opinion Filed October 3, 2024
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-24-00736-CV
    IN RE RYAN WALLACE
    On Appeal from the 265th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F10-73110
    MEMORANDUM OPINION
    Before Justices Smith, Garcia, and Kennedy
    Opinion by Justice Kennedy
    Appellant previously filed a petition for writ of mandamus seeking vacatur of
    a 2013 conviction. On April 24, 2024, we dismissed the petition for want of
    jurisdiction. See In re Wallace, No. 05-24-00317-CV, 
    2024 WL 1757246
    , at *1
    (Tex. App.—Dallas Apr. 24, 2024, orig. proceeding).1 In this appeal, appellant
    challenges our April 24 opinion. We questioned our jurisdiction over this appeal
    attempting to challenge that opinion and directed the parties to file letter briefs
    addressing the jurisdictional issue.
    1
    We denied appellant’s motion for rehearing on June 4, 2024.
    Although appellant filed a letter brief, nothing therein demonstrates our
    jurisdiction over a new appeal challenging our prior opinion dismissing his petition
    for writ of mandamus. Accordingly, we dismiss this appeal for want of jurisdiction.
    See TEX. R. APP. P. 42.3(a).
    /Nancy Kennedy/
    NANCY KENNEDY
    JUSTICE
    240736F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN RE RYAN WALLACE                         On Appeal from the 265th Judicial
    District Court, Dallas County, Texas
    No. 05-24-00736-CV                         Trial Court Cause No. F10-73110.
    Opinion delivered by Justice
    Kennedy. Justices Smith and Garcia
    participating.
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    It is ORDERED that appellee the State of Texas recover its costs of this
    appeal from appellant Ryan Wallace.
    Judgment entered October 3, 2024
    –3–
    

Document Info

Docket Number: 05-24-00736-CV

Filed Date: 10/3/2024

Precedential Status: Precedential

Modified Date: 10/9/2024