Opinion
No. 10-14-00214-CR
07-31-2014
THOMAS GILMORE STEWART, Appellant v. THE STATE OF TEXAS, Appellee
From the 40th District Court Ellis County, Texas
Trial Court No. 39171CR
MEMORANDUM OPINION
Thomas Gilmore Stewart appeals his conviction for possession of a controlled substance. See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2010). However, the certification of defendant's right of appeal which Thomas signed indicates that he waived his right to appeal. See TEX. R. APP. P. 25.2(d).
In the documents filed with this Court, Stewart notes that the issues he seeks to appeal may be issues for a petition for writ of habeas corpus. Although we express no opinion on the merits of his issues, we generally agree that his right to relief, if any, is more appropriate if pursued in a petition for writ of habeas corpus.
Accordingly, this appeal is dismissed. Id.
A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the Court of Criminal Appeals, a petition for discretionary review must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. TEX. R. APP. P. 68.2 (a).
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TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Do not publish
[CR25]