Ex parte Cindy Anderson Kelly--Appeal from County Court at Law No. 2 of Ellis CountyAnnotate this Case
TENTH COURT OF APPEALS
EX PARTE CINDY ANDERSON KELLY
From the County Court at Law No. 2
Ellis County, Texas
Trial Court Nos. 09-10,705
This is an appeal from the trial court’s denial of Appellant’s pretrial application
for writ of habeas corpus (on double jeopardy grounds). On August 11, 2010, the trial
court entered an order denying the application. Appellant’s notice of appeal of that
order was filed on October 22, 2010.
The State has filed a motion to dismiss for lack of jurisdiction. It argues that
Appellant was required to file her notice of appeal within thirty days of August 11. See
Green v. State, 999 S.W.2d 474, 476 (Tex. App.—Fort Worth 1999, pet. ref’d); Pena v. State,
940 S.W.2d 260, 261 (Tex. App.—San Antonio 1997, no pet.). Appellant has not filed a
response to the State’s motion to dismiss.
Because the notice of appeal is untimely, we grant the motion to dismiss and
dismiss this appeal for lack of jurisdiction.
REX D. DAVIS
Before Chief Justice Gray,
Justice Reyna, and
Opinion delivered and filed November 24, 2010
Do not publish
Ex parte Cindy Anderson Kelly