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Lewis v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 14, 2018
No. 10-18-00041-CR (Tex. App. Feb. 14, 2018)

Opinion

No. 10-18-00041-CR

02-14-2018

BRODERICK LEWIS, Appellant v. THE STATE OF TEXAS, Appellee


From the 12th District Court Walker County, Texas
Trial Court No. 23958

MEMORANDUM OPINION

Broderick Lewis attempts to appeal from an order of the trial court signed on December 20, 2017, denying Lewis's request for a free record of what appears to be a conviction that has already been appealed. Assuming without deciding we have jurisdiction over such an order, Lewis's notice of appeal is untimely. Lewis was required to file his notice of appeal within 30 days after the day the trial court rendered the order. See TEX. R. APP. P. 26.2(a)(1). His notice of appeal was due on January 19, 2018. It was not filed until February 1, 2018. We have no jurisdiction of an untimely appeal, and this appeal must be dismissed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).

Notwithstanding that we are dismissing this appeal, Lewis may file a motion for rehearing with this Court within 15 days after this opinion and judgment are rendered if Lewis believes this opinion and judgment are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if Lewis desires to have the opinion and judgment of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court's judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).

For the reasons stated, this appeal is dismissed.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed February 14, 2018
[CR25]


Summaries of

Lewis v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 14, 2018
No. 10-18-00041-CR (Tex. App. Feb. 14, 2018)
Case details for

Lewis v. State

Case Details

Full title:BRODERICK LEWIS, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Feb 14, 2018

Citations

No. 10-18-00041-CR (Tex. App. Feb. 14, 2018)