Ronnie Lynn James, Jr. v. State

Fourth Court of Appeals
San Antonio, Texas
January 17, 2019
No. 04-12-00515-CR
Ronnie Lynn JAMES, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 11-0560-CR
Honorable W.C. Kirkendall, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice (not participating)
Marialyn Barnard, Justice (not participating)
Rebeca C. Martinez, Justice
This court issued its opinion in this case on October 2, 2013. Justice Angelini, Justice
Barnard, and Justice Martinez participated in the decision. On November 20, 2018, the original
panel struck as untimely a document filed by appellant pro se, which appellant describes as a
petition for writ of mandamus.i Justice Angelini and Justice Barnard retired from this court on
December 31, 2018.
On January 15, 2019, appellant filed another pro se document in the form of a letter in
reply to the November 20, 2018 order, which in substance seeks reconsideration or rehearing of
the November 20, 2018 order.
Rule 49.3 of the Texas Rules of Appellate Procedure provides, “A motion for rehearing
may be granted by a majority of the justices who participated in the decision of the case.
Otherwise it must be denied.” See TEX. R. APP. P. 49.3. Under the circumstances presented,
appellant’s letter, which we construe as a motion for rehearing, cannot be granted by a majority
of the justices who participated in the decision of this case. The motion for rehearing is therefore
DENIED. See id.
We order the clerk of this court to serve a copy of this order on all counsel and the pro se
appellant.
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 17th day of January, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court