Opinion
04-22-00695-CR
01-22-2024
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
ORDER
Patricia O. Alvarez, Justice
In this appeal, our mandate issued on October 11, 2023.
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. See Tex. R. App. P. 18.2.
On January 8, 2024, we advised Appellant that our mandate has already issued, and Rule 18.2 has no provision to recall an issued mandate. See id.
On January 18, 2024, Appellant filed a pro se motion for rehearing of our January 8, 2024 decision to deny Appellant's request to stay our mandate pending disposition of his petition for writ of certiorari with the Supreme Court.
As we explained previously, 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.), but Rule 18.2 has no provision to recall an issued mandate, see Tex. R. App. P. 18.2.
Appellant's pro se motion for rehearing is denied.