In Re: Mike Malkemes--Appeal from 232nd District Court of Harris County

Opinion issued September 26, 2002

In The

Court of Appeals

For the

First District of Texas

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NO. 01-02-00991-CV

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EX PARTE MIKE MALKEMES, Applicant

Original Proceedcing on Application for Writ of Habeas Corpus

O P I N I O N

Applicant, Mike Malkeme's, application for pretrial habeas corpus relief is dismissed for lack of jurisdiction. See Tex. Const. art 1, sec. 12; Tex. Code Crim. Proc. 11.05 (Vernon 1977).

Further, even were we to construe the application as containing a notice of appeal of the trial court's denial of pretrial habeas corpus relief, it would be untimely. A criminal defendant has 30 days from the day the trial court enters an appealable order. Tex. R. App. P. 26.2.(1)(a)(1). Here, on July 30, 2002, the trial court entered the order of which appellant complains. Appellant did not file his document in this Court until September 20, 2002, well beyond the 30 days for filing a notice of appeal and beyond the additional 15 days during which appellant could have requested an extension of time to file a notice of appeal. See Tex. R. App. P. 26.3.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. (1)

Do not publish. Tex. R. App. P. 47.

1. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas, participating by assignment.