Court of Civil Appeals of Texas, 2015

Andres Solis Vielma v. State

Andres Solis Vielma v. State
Court of Civil Appeals of Texas · Decided December 3, 2015

Andres Solis Vielma v. State

Opinion

Fourth Court of Appeals San Antonio, Texas December 3, 2015 No. 04-14-00742-CR Andres Solis VIELMA, Appellant v. The STATE of Texas, Appellee From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2013-09-12304-CR Honorable Bert Richardson, Judge Presiding

ORDER Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice We issued our opinion and judgment in this appeal on September 9, 2015. Appellant filed a pro se motion for extension of time to file a motion for rehearing on October 16, 2015. We denied appellant’s motion for extension of time to file a motion for rehearing on November 3, 2015. In our November 3, 2015 order, we explained that a motion for rehearing must be filed within fifteen days after the judgment of the court of appeals is rendered, and that a motion for extension of time to file a motion for rehearing must be filed within fifteen days after the last date for filing the motion for rehearing. See TEX. R. APP. P. 49.1, 49.8. We further explained that any motion for extension of time to file a motion for rehearing was due on October 9, 2015.

On November 30, 2015, appellant filed a petition for rehearing in which he asks for a thirty-day extension of time to file a pro se brief. Even if we were to construe appellant’s petition for rehearing as a second motion for extension of time to file a motion for rehearing, the motion is untimely. See TEX. R. APP. P. 49.8. Appellant’s petition for rehearing is DENIED.

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of December, 2015.

___________________________________ Keith E. Hottle Clerk of Court

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