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Williams v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 8, 2024
No. 04-22-00695-CR (Tex. App. Jan. 8, 2024)

Opinion

04-22-00695-CR

01-08-2024

John Bernard WILLIAMS III, Appellant v. The STATE of Texas, Appellee


From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR6240 Honorable Jefferson Moore, Judge Presiding.

Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice.

ORDER

PER CURIAM

On January 2, 2024, Appellant John Bernard Williams III filed a motion to stay this court's mandate pending disposition of his petition for writ of certiorari with the Supreme Court.

Rule 18.2 allows a court of appeals "to stay issuance of [its] mandate pending the United States Supreme Court's disposition of a petition for writ of certiorari." Tex.R.App.P. 18.2; accord Browder v. Moree, No. 03-19-00381-CV, 2022 WL 2867954, at *1 (Tex. App.-Austin July 21, 2022, no pet.) (mem. op.).

However, Rule 18.2 has no provision to recall an issued mandate, and our mandate issued on October 11, 2023. See Tex. R. App. P. 18.2.

Further, our plenary power in this case has expired; we no longer have jurisdiction over the judgment. See Tex. R. App. P. 19.1 (plenary power period); id. 19.3 ("After its plenary power expires, the court cannot vacate or modify its judgment.").

Finally, Appellant has not identified, and we are not aware of, any authority this court could exercise to grant the relief he seeks.

It is so ORDERED.


Summaries of

Williams v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 8, 2024
No. 04-22-00695-CR (Tex. App. Jan. 8, 2024)
Case details for

Williams v. State

Case Details

Full title:John Bernard WILLIAMS III, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 8, 2024

Citations

No. 04-22-00695-CR (Tex. App. Jan. 8, 2024)