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Ortez v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Sep 24, 2015
No. 10-15-00319-CR (Tex. App. Sep. 24, 2015)

Opinion

No. 10-15-00319-CR No. 10-15-00320-CR

09-24-2015

SAMUEL FUENTE ORTEZ, A.K.A. MARCO ALVAREZ, Appellant v. THE STATE OF TEXAS, Appellee


From the 40th District Court Ellis County, Texas
Trial Court No. 37162CR and 38598CR

MEMORANDUM OPINION

Samuel Fuente Ortez, a.k.a. Marco Alvarez was convicted on March 13, 2014 of the offenses of aggravated assault with a deadly weapon, see TEX. PENAL CODE ANN. § 22.02 (West 2011), and accident involving personal injury (a.k.a. failure to stop and render aid), see TEX. TRANSP. CODE ANN. § 550.021 (West 2011). He was sentenced to 15 years in prison and 10 years in prison, respectively. Ortez timely appealed those convictions to this Court; but by order of the Texas Supreme Court, the appeals were transferred to the Seventh Court of Appeals in Amarillo, Texas. The Amarillo Court affirmed the convictions in December of 2014, Ortez v. State, Nos. 07-14-00286-CR, 07-14-00287-CR, 2014 Tex. App. LEXIS 13048 (Tex. App.—Amarillo Dec. 5, 2014, no pet.) (not designated for publication), and the mandates issued in February of 2015.

It appears that by a document filed on August 6, 2015, Ortez again wishes to appeal the trial court's judgments. This second appeal is untimely; and we have no jurisdiction of these appeals. See TEX. R. APP. P. 26.2(a)(1). Accordingly, Ortez's appeals are dismissed for want of jurisdiction.

A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant 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 30 days after either the day this Court's judgment was rendered or the day the last timely motion for rehearing was overruled by this Court. See TEX. R. APP. P. 68.2(a). --------

TOM GRAY

Chief Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeals dismissed
Opinion delivered and filed September 24, 2015
Do not publish
[CR25]


Summaries of

Ortez v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Sep 24, 2015
No. 10-15-00319-CR (Tex. App. Sep. 24, 2015)
Case details for

Ortez v. State

Case Details

Full title:SAMUEL FUENTE ORTEZ, A.K.A. MARCO ALVAREZ, Appellant v. THE STATE OF…

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Sep 24, 2015

Citations

No. 10-15-00319-CR (Tex. App. Sep. 24, 2015)