in Re Edward Johnson

FILE COPY
In re Edward
JohnsonAppellant/s
Fourth Court of Appeals
San Antonio, Texas
January 28, 2014
No. 04-13-00808-CR
IN RE Edward JOHNSON
Original Mandamus Proceeding1
ORDER
Sitting: Catherine Stone, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
On January 8, 2014, this court received a “Notice of Appeal” filed by relator complaining
of this court’s December 11, 2013, opinion denying his petition for writ of mandamus. We
construe relator’s pleading as a motion for rehearing of our determination of the mandamus. See
Wheeler v. Green, 157 S.W.3d 439, 444 (Tex. 2005) (pro se party entitled to liberal reading of
pleadings). Because the motion for rehearing was not filed within fifteen days of the date of
denial of Johnson’s petition for writ of mandamus, it is not timely. See TEX. R. APP. P. 49.1.
However, the panel has also considered the motion for rehearing on its merits and it is DENIED.
It is so ORDERED on January 28th, 2014.
_____________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 28th day of January, 2014.
_____________________________
Keith E. Hottle
Clerk of Court
1 This proceeding arises out of Cause No. 1998CR6320, styled The State of Texas v. Edward M. Johnson, pending in
the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus K. McGinty presiding.