Opinion
01-24-00313-CR
07-30-2024
Kedy Johnson v. The State of Texas
Trial court: 209th District Court of Harris County, Trial court case number: 1714118.
ORDER
April Farris, Judge.
On June 4, 2024, this appeal was dismissed for lack of jurisdiction because appellant, Kedy Johnson, failed to timely file his notice of appeal. See TEX. R. APP. P. 26.2, 26.3, 43.2(f).
On June 20, 2024, appellant filed a "Motion for Rehearing." In the motion, appellant argued that, while the file stamp on appellant's motion for extension of time to file a notice of appeal showed that that it was filed on April 23, 2024 at 11:30 p.m., "[appellant's counsel clicked the 'submit' button to finalize [counsel's] filing of Appellant's Motion for Extension of Time to File Notice of Appeal with eFileTexas.gov on 11:59 p.m. on April 22, 2024," and it was therefore timely filed. Accordingly, appellant argued, "this Court has jurisdiction over the appeal" and requests that our June 4, 2024 opinion be withdrawn and the appeal be reinstated on the Court's active docket.
We request a response from the State to the motion for rehearing. See TEX. R. APP. P. 49.2. The State's response, if any, is due within seven days of the date of this order.
It is so ORDERED.