Opinion
04-22-00327-CR
07-29-2022
Brent Eugene BAILEY, Appellant v. The STATE of Texas, Appellee
Brent Eugene Bailey Joe D. Gonzales Bexar County District Attorney Dean Diachin Bexar County Public Defender's Office
From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR11769 Honorable Jefferson Moore, Judge Presiding
Brent Eugene Bailey
Joe D. Gonzales Bexar County District Attorney
Dean Diachin Bexar County Public Defender's Office
REBECA C. MARTINEZ CHIEF JUSTICE PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ LORI I. VALENZUELA JUSTICES
ORDER
PER CURAIM
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
On July 20, 2022, this court issued an opinion dismissing the appeal for lack of jurisdiction based on appellant's untimely notice of appeal. On July 25, 2022, appellant filed a pro se "Motion for Discretionary Review," which we construe as a motion for rehearing. In his motion, appellant raises three complains: (1) he was not shown all the contents of his file and, if he had been, then he would have gone to trial and not taken a plea agreement; (2) after reviewing his file in January 2022, he discovered more errors, mistakes, and false statements by officers that would have supported his appeal; and (3) without full disclosure of the evidence, his plea agreement should be void. Appellant does not challenge the untimeliness of his notice of appeal.
We DENY appellant's Motion for Discretionary Review.
Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of our July 20, 2022 opinion or the last timely motion for rehearing that is overruled by this court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed in the Court of Criminal Appeals, see id. R. 68.3, and any such petition must comply with the requirements of Texas Rule of Appellate Procedure 68.4.
It is so ORDERED.