From Casetext: Smarter Legal Research

Kim v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 10, 2004
No. 10-03-00155-CR (Tex. App. Nov. 10, 2004)

Opinion

No. 10-03-00155-CR

Opinion on motion for rehearing delivered and filed November 10, 2004. DO NOT PUBLISH.

Appeal from the 228th District Court Harris County, Texas, Trial Court # 836,119. Motion for rehearing denied. Motion for notice to be taken of unassigned error, or in the alternative, for leave to file a supplemental brief on appeal dismissed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA


OPINION ON MOTION FOR REHEARING


Appellant has filed a Motion for Rehearing. We will deny the motion. In Appellant's motion for rehearing, he "asserts the grounds stated in [his] Motion to Abate, and Motion for Notice to be Taken of Unassigned Error, or in the Alternative, for Leave to file [sic] a Supplemental Brief on Appeal." At the time that Appellant filed his motion for rehearing, the Court had already dismissed as moot his motion to abate, and we do not reconsider it now. In Appellant's Motion for Notice to Be Taken of Unassigned Error, he argues that the trial court's denial of Appellant's motion for new trial was on appeal when the State filed the motion to revoke Appellant's community supervision, and thus argues that the trial court lacked jurisdiction over the motion to revoke. The trial court loses jurisdiction over a case on appeal from the time when the appellate record is filed until the appellate mandate issues. TEX. R. APP. P. 25.2(g). As Appellant notes in his Motion for Notice to Be Taken of Unassigned Error, "the present record contains no indication of when the record in a prior appeal was filed." We agree. Appellant points to an appellate brief as evidence of when the record was filed, and points to an appellate mandate; but these instruments were not filed in the same appellate cause numbers. On the record before us, Appellant does not show that he is entitled to relief. Appellant's Motion for Rehearing is denied. Appellant's Motion for Notice to Be Taken of Unassigned Error, or in the Alternative, for Leave to File a Supplemental Brief on Appeal is dismissed.


Summaries of

Kim v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 10, 2004
No. 10-03-00155-CR (Tex. App. Nov. 10, 2004)
Case details for

Kim v. State

Case Details

Full title:HOWARD E. KIM, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 10, 2004

Citations

No. 10-03-00155-CR (Tex. App. Nov. 10, 2004)