Opinion
No. 04-13-00054-CR No. 04-13-00055-CR
04-17-2013
Jacinto SOLIS, Appellant v. THE STATE OF TEXAS, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2010CR9139 & 2010CR9140
Honorable Ray Olivarri, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Appellant Jacinto Solis Jr. pled nolo contendere to charges of intoxication manslaughter and intoxication assault. The trial court accepted his pleas and imposed sentences on July 10, 2012. On January 15, 2013, Appellant filed pro se notices of appeal. Because his notices of appeal were not timely filed, and Appellant did not respond to our order to show cause why we had jurisdiction in these appeals, we dismissed his appeals for want of jurisdiction on March 13, 2013.
On April 12, 2013, Appellant filed a pro se letter which we construe as a motion for rehearing and a motion for extension of time to file a motion for rehearing. See TEX. R. APP. P. 38.9, 49.1, 49.8. He asserts that his pro se notices of appeal were not intended to appeal his convictions; rather, he intends them to appeal the trial court's ruling on his motions for shock probation.
A trial court's order on shock probation is not an appealable order. Perez v. State, 938 S.W.2d 761, 762-63 (Tex. App.—Austin 1997, pet. ref'd); see Zepeda v. State, 993 S.W.2d 167 (Tex. App.—San Antonio 1999, pet. ref'd) (per curiam). Therefore, Appellant's motion for rehearing of appeals 04-13-00054-CR and 04-13-00055-CR is DENIED.
It is so ORDERED on the 17th day of April, 2013.
PER CURIAM ATTESTED TO: ______________________
Keith E. Hottle
Clerk of Court