In re Todd Warren Altschul Appeal from 23rd District Court of Brazoria County (memorandum opinion per curiam)
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Petition for Writ of Mandamus Dismissed and Opinion filed October 12, 2017. In The Fourteenth Court of Appeals NO. 14-17-00750-CR IN RE TODD WARREN ALTSCHUL, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 23rd District Court Brazoria County, Texas Trial Court Cause No. 23557 MEMORANDUM OPINION On September 26, 2017, relator Todd Warren Altschul filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to vacate the opinion it issued in Altschul v. State, No. 14–97–00478–CR; 1997 WL 312286 (Tex. App.– Houston [14th Dist.] June 12, 1997, no pet.) (mem. op.) (not designated for publication) and to grant relator an out-of-time appeal. Our court lacks jurisdiction to grant the relief requested by relator for at least three reasons. First, the plenary power of our court to vacate its judgment in No. 14– 97–00478–CR has expired. See Tex. R. App. P. 19.1. Second, our court does not have jurisdiction to issue a writ of mandamus against itself. See Tex. Gov’t Code § 22.221. Third, our court has no jurisdiction to grant an untimely appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely). For these reasons, we dismiss relator’s petition for writ of mandamus. PER CURIAM Panel consists of Justices Christopher, Brown, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2
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