Opinion
05-22-00510-CR
06-01-2022
EX PARTE LONNIE KOMAHCHEET
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. WX22-91158-Q
ORDER
LANA MYERS, JUSTICE
The Court has filed appellant's May 25, 2022 notice of appeal and a May 27, 2022 motion to extend the time to file the notice of appeal. Appellant contends the notice of appeal was untimely because it was not filed within 20 days of April 26, 2022, the date the appealable order was signed. We DENY AS MOOT appellant's motion. See Tex. R. App. P. 26.2(a)(1) (criminal defendant has 30 days from signing of appealable order to file notice of appeal); see also, e.g., Flores v. State, No. 08-16-00159-CR, 2016 WL 4379428, at *1 (Tex. App.-El Paso Aug. 17, 2016, no pet.) (mem. op., not designated for publication) (defendant has 30 days to file notice of appeal in accelerated criminal appeal).
This is an accelerated appeal and is governed by Texas Rule of Appellate Procedure 31. We ORDER the trial court to prepare a certification of appellant's right to appeal and to file it with the clerk's record.
We ORDER the D a l l a s County District Clerk to file the clerk's record by June 17, 2022. We ORDER that the clerk's record contain copies of the application for writ of habeas corpus, any response to the writ application filed by the State, any other documents related to the writ application, the trial court's written order ruling on the writ application, any findings of fact on the writ application that the trial court has entered, the trial court's certification of the right to appeal, and any other documents filed with the clerk that the parties request.
The docketing statement reflects reporter's records have been requested from court reporters Kendra L. Thibodeaux and Kelly Simmons. We ORDER the court reporters to file the reporter's records by June 17, 2022.
We ORDER appellant to file his brief by July 8, 2022. We ORDER the State to file its brief by July 29, 2022. If appellant desires to file a reply brief, the reply brief is due within fifteen days of the date the State files its brief. After the record and briefs have been filed, the Court will notify the parties of the submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Kendra L. Thibodeaux, official court reporter, 204th Judicial District Court; Kelly Simmons, court reporter; Felicia Pitre, Dallas County District Clerk; and counsel for all parties.