Ex Parte Jesus Mirola, Jr.

IN THE
TENTH COURT OF APPEALS
No. 10-20-00261-CR
EX PARTE JESUS MIROLA, JR.
From the 413th District Court
Johnson County, Texas
Trial Court No. F46009-C
MEMORANDUM OPINION
On September 30, 2020, Jesus Mirola, Jr. filed a pro se notice of appeal from the trial
court’s order denying his post-conviction application for writ of habeas corpus under
article 11.072 of the Code of Criminal Procedure. The trial court’s order was signed and
entered on January 27, 2020. Mirola’s notice of appeal is therefore untimely, and we have
no jurisdiction of an untimely appeal. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is
untimely). For the reasons stated, this appeal is dismissed.
Notwithstanding that we are dismissing this appeal, Mirola may file a motion for
rehearing with this Court within fifteen days after the judgment of this Court is rendered.
See TEX. R. APP. P. 49.1. If Mirola desires to have the decision of this Court reviewed by
filing a petition for discretionary review, that petition must be filed with the Court of
Criminal Appeals within thirty days after either the day this Court’s judgment is
rendered or the day the last timely motion for rehearing is overruled by this Court. See
TEX. R. APP. P. 68.2(a).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal dismissed
Opinion delivered and filed October 14, 2020
Do not publish
[CR25]
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