Opinion
01-23-00176-CR
05-07-2024
Ex parte Warren McGee
Trial court: 339th District Court of Harris County Trial court case number: 1805010
ORDER
APRIL FARRIS JUDGE
Appellant, Warren McGee, filed a notice of appeal from the trial court's March 3, 2023 order denying his petition for writ of habeas corpus. On March 28, 2024, the Court dismissed his appeal for lack of jurisdiction. On April 8, 2024, appellant timely filed a "Motion for Rehearing" of the Court's March 28, 2024 opinion dismissing his appeal. See Tex. R. App. P. 49.1.
Also on April 8, 2024, appellant filed a "Motion to Extend Time to File Motion for En Banc Reconsideration." In his motion, appellant requested that the Court extend the deadline for him to file a motion for en banc reconsideration "until after the [P]anel has decided" his motion for rehearing.
The Texas Rules of Appellate procedure allow a party to "file a motion for en banc reconsideration as a separate motion, with or without filing a motion rehearing." See Tex. R. App. P. 49.5. However, if a party files a motion for en banc reconsideration, such "motion must be filed within the time prescribed by Rule 49.1 for filing a motion for rehearing." Id. Accordingly, while a party may file either, or both, a motion for rehearing and motion for en banc reconsideration, the deadline for both is the same under the Rules. Therefore, in this appeal, any motion for en banc reconsideration was due on or before April 12, 2024. See Tex. R. App. P. 49.1 (requiring motions for rehearing to "be filed within 15 days after the court of appeals' judgment or order is rendered").
The Rules provide that the Court "may extend the time for filing a motion for . . . en banc reconsideration if a party files a motion" requesting such an extension that complies "with Rule 10.5(b)" of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 49.9. Appellant's motion to extend fails to comply with the requirements of Rule 10.5(b). See Tex. R. App. P. 10.5(b)(1) (requiring "[a]ll motions to extend time" to state "the deadline for filing item in question," "the length of the extension sought," and "the facts relied on to reasonably explain the need for an extension").
We therefore deny appellant's request to extend the deadline for filing a motion for en banc reconsideration "until after the [P]anel has decided" appellant's motion for rehearing. Appellant's motion for en banc reconsideration, if any, is due within ten days of the date of this order.
It is so ORDERED.