Opinion
05-21-01033-CR
03-01-2024
ADDISON DOUGLAS MAYS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-84413-2019
Before Justices Partida-Kipness, Reichek, and Breedlove, J.
ORDER
ROBBIE PARTIDA-KIPNESS JUSTICE.
The Court received Appellant's Motion for Reconsideration on January 18, 2024. We notified Appellant the motion was not filed within the period required by Texas Rule of Appellate Procedure 49.1. We further explained the Court would not act on the motion unless a timely motion to extend the time to file the motion for reconsideration were filed within the period required by Rule 49.8 and granted by the Court.
Appellant then filed a petition for discretionary review with the Texas Court of Criminal Appeals on February 14, 2024. The filing of a petition for discretionary review divests this Court of jurisdiction to rule on the motion for reconsideration. Vidales v. State, 471 S.W.3d 457 (Tex. Crim. App. 2015) (per curiam) ("When a petition for discretionary review is filed.. .the appellate court loses authority to issue an opinion."); see also Lewis v. State, No. PD-0564-23, 2024 WL 358058, at *2 (Tex. Crim. App. Jan. 31, 2024) ("once a PDR has been filed, the court of appeals loses jurisdiction over the case.").
Accordingly, we DISMISS Appellant's motion for reconsideration for want of jurisdiction.