Samuel Fuente Ortez, a.k.a. Marco Alvarez v. The State of Texas Appeal from 40th District Court of Ellis County (memorandum opinion by chief justice gray)
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IN THE TENTH COURT OF APPEALS No. 10-15-00319-CR No. 10-15-00320-CR SAMUEL FUENTE ORTEZ, A.K.A. MARCO ALVAREZ, Appellant v. THE STATE OF TEXAS, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 37162CR and 38598CR MEMORANDUM OPINION Samuel Fuente Ortez, a.k.a. Marco Alvarez was convicted on March 13, 2014 of the offenses of aggravated assault with a deadly weapon, see TEX. PENAL CODE ANN. § 22.02 (West 2011), and accident involving personal injury (a.k.a. failure to stop and render aid), see TEX. TRANSP. CODE ANN. § 550.021 (West 2011). He was sentenced to 15 years in prison and 10 years in prison, respectively. Ortez timely appealed those convictions to this Court; but by order of the Texas Supreme Court, the appeals were transferred to the Seventh Court of Appeals in Amarillo, Texas. The Amarillo Court affirmed the convictions in December of 2014, Ortez v. State, Nos. 07-14-00286-CR, 07-1400287-CR, 2014 Tex. App. LEXIS 13048 (Tex. App.—Amarillo Dec. 5, 2014, no pet.) (not designated for publication), and the mandates issued in February of 2015. It appears that by a document filed on August 6, 2015, Ortez again wishes to appeal the trial court’s judgments. This second appeal is untimely; and we have no jurisdiction of these appeals. See TEX. R. APP. P. 26.2(a)(1). Accordingly, Ortez’s appeals are dismissed for want of jurisdiction.1 TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeals dismissed Opinion delivered and filed September 24, 2015 Do not publish [CR25] A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court’s judgment was rendered or the day the last timely motion for rehearing was overruled by this Court. See TEX. R. APP. P. 68.2(a). 1 Ortez v. State Page 2
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