Roy Wayne Glenn v. State

IN THE
TENTH COURT OF APPEALS
No. 10-17-00128-CR
ROY WAYNE GLENN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2016-1796-C1
ORDER
The Memorandum Opinion in this appeal was issued on August 1, 2018. On
August 6, 2018, we received a document which the Court construed as a motion for
rehearing. That motion for rehearing was denied on August 22, 2018.
On August 30, 2018, we received a document dated August 23, 2018, which was
very similar to the document we received on August 6, 2018. In the document we
received August 30, 2018, in addition to various other statements and comments, the
appellant asked, “’Please’ and I request another appeal…” Upon consideration of the
content and timing of the document, it is either another motion for rehearing or a request
for a petition for discretionary review. Since the original opinion in this appeal was not
modified in any way in the denial of the motion for rehearing, we have no jurisdiction to
consider another motion for rehearing. See TEX. R. APP. P. 49.5. Additionally, only the
Court of Criminal Appeals has jurisdiction of a petition for discretionary review. See
Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Nevertheless we still have plenary
jurisdiction in this appeal. TEX. R. APP. P. 19.1(b).
Accordingly, to the extent the document received August 30, 2018 is another
motion for rehearing, it is denied. To the extent it requests relief from this Court in the
form of a petition for discretionary review, it is dismissed for want of jurisdiction.1
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied or dismissed
Order issued and filed September 19, 2018
1
A petition for discretionary review must be filed in the Court of Criminal Appeals.
Glenn v. State Page 2