From Casetext: Smarter Legal Research

Gainer v. State

Court of Criminal Appeals of Texas, En Banc
Apr 7, 1982
630 S.W.2d 277 (Tex. Crim. App. 1982)

Opinion

No. 82-1.

April 7, 1982.


ORDER


The appellant moves that this court extend the deadline for him to file a petition for review. He alleges that, although he sent copies of his petition for review to this court and to counsel for the State, he failed to file the original petition with the court of appeals as required by Tex.Cr.App.R. 304(b). He also alleges that the court of appeals has issued its mandate.

Since the court of appeals has issued its mandate, we think that the appellant's remedy must lie with that court. (For example, the appellant could move that the court of appeals withdraw its mandate and extend the time for him to file a motion for rehearing.)

The motion is denied.


Summaries of

Gainer v. State

Court of Criminal Appeals of Texas, En Banc
Apr 7, 1982
630 S.W.2d 277 (Tex. Crim. App. 1982)
Case details for

Gainer v. State

Case Details

Full title:Robert Eugene GAINER, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Apr 7, 1982

Citations

630 S.W.2d 277 (Tex. Crim. App. 1982)

Citing Cases

Gonzalez v. State

Tex.Crim.App.R. 4 provides that a court of appeals may suspend the requirements or provisions of the Rules of…