Ex Parte Jesse Rios TDCJ 1812554 ( 2016 )

NUMBER 13-16-00341-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EX PARTE JESSE RIOS
____________________________________________________________
On appeal from the County Court at Law No. 1
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Jesse Rios, attempts to appeal from the trial court’s order denying the
relief requested in his application for writ of habeas corpus. We dismiss the appeal for
want of jurisdiction.
An application for a writ of habeas corpus challenging a conviction in a
misdemeanor case is governed by article 11.09 of the Texas Code of Criminal Procedure.
See TEX. CODE CRIM. PROC. ANN. art. 11.09 (West 2005); Ex parte Tarango, 116 S.W.3d
201, 202 (Tex. App.—El Paso 2003, no pet.). The time to perfect an appeal from an
order in a habeas proceeding is governed by Texas Rule of Appellate Procedure 26.2.
See TEX. R. APP. P. 26.2; Ex parte Rieck, 144 S.W.3d 510, 516 (Tex. Crim. App. 2004).
Under Rule 26.2(a)(1), a notice of appeal must be filed within 30 days after
sentence is imposed or suspended in open court or after the trial court enters an
appealable order. TEX. R. APP. P. 26.2(a)(1). The trial court entered an order denying
appellant’s request for habeas corpus relief on November 20, 2016. Appellant filed his
notice of appeal on June 28, 2016. On June 28, 2016, the Clerk of this Court notified
appellant that it appeared that the appeal was not timely perfected and that the appeal
would be dismissed if the defect was not corrected within ten days from the date of receipt
of the Court’s directive. Appellant filed a response to the Court’s directive by filing a
“Supplemental to Appeal from Order Denying 11.09 Application for Writ of Habeas
Corpus.”
Because appellant’s notice of appeal was not timely, we lack jurisdiction over this
appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State,
918 S.W.2d 519, 523 (Tex. Crim. App. 1996. Accordingly, the appeal is DISMISSED
FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
2nd day of September, 2016.
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