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James v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 9, 2021
Appellate case number: 01-17-00300-CR (Tex. App. Mar. 9, 2021)

Opinion

Appellate case number: 01-17-00300-CR

03-09-2021

Demetrick James v. The State of Texas


ORDER Trial court case number: 1510754 Trial court: 262nd District Court of Harris County

On September 15, 2019, Natalie Schultz, filed a motion to withdraw as attorney of record for appellant, Demetrick James. In her motion, Ms. Schultz noted that this "Court affirmed the conviction of the [a]pellant and the appeal process is complete."

After our plenary power expires, this Court has no jurisdiction to take any action on a case unless expressly authorized by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 19.3(a)-(d). We issued our judgment in this appeal on September 20, 2018 and appellant did not file a motion for rehearing, motion for en banc reconsideration, or motion to extend time to file such motion. Accordingly, our plenary power expired on November 19, 2018, and none of the permitted post-plenary power bases set forth in rule 19.3 apply to appellants' motion. See TEX. R. APP. P. 19.1(a), 19.3.

Absent plenary power, Ms. Schultz's motion to withdraw as attorney of record must be dismissed for lack of jurisdiction.

It is so ORDERED. Judge's signature: /a/ Amparo Guerra

[v] Acting individually [ ] Acting for the Court Date: March 9, 2021


Summaries of

James v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Mar 9, 2021
Appellate case number: 01-17-00300-CR (Tex. App. Mar. 9, 2021)
Case details for

James v. State

Case Details

Full title:Demetrick James v. The State of Texas

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Mar 9, 2021

Citations

Appellate case number: 01-17-00300-CR (Tex. App. Mar. 9, 2021)