Isriel McBride, Jr. v. The State of Texas--Appeal from 237th District Court of Lubbock County
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NO. 07-03-0143-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MARCH 15, 2004
______________________________
ISRIEL MCBRIDE, JR., APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 95-421290; HONORABLE JOHN R. MCFALL, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
ORDER
By opinion dated December 12, 2003, we dismissed the appeal in this matter for
want of jurisdiction. Appellant, Isriel McBride, Jr., did not file a motion for rehearing. He
filed a motion for extension of time to file a Petition for Discretionary Review (PDR), which
was granted by the Court of Criminal Appeals.
Pending before the Court is “Appellant’s Pro Se Motion in Response to Court of
Criminal Appeal’s Order, In Which to File a Petition for Discretionary Review” which was
filed on March 5, 2004. Attached to the motion is a copy of a postcard from the Court of
Criminal Appeals dated January 30, 2004, referencing COA # 07-03-00143-CR. The
postcard notifies appellant that his pro se motion for an extension of time to file a PDR has
been granted and that the time to file a PDR has been extended to March 12, 2004. The
postcard also states that the PDR must be filed with the Court of Appeals. See TEX . R.
APP. P. 68.2.
Appellant’s motion in this court states that he will be unable to file a PDR on or
before March 12, 2004. He seeks relief in the nature of either (1) an order that the trial
court hold an evidentiary hearing on matters relevant to allegations made in his motion, or
(2) a bench warrant directing that appellant be brought from Anderson County, where he
is incarcerated in the TDCJ -Institutional Division, to the trial court in Lubbock County, so
that he can present evidence.
Our plenary power expired 60 days following entry of our judgment. See TRAP
19.1(a). If appellant invokes the Court of Criminal Appeals’ jurisdiction by timely filing a
PDR, see Garza v. State, 896 S.W.2d 192, 194-95 (Tex.Crim.App. 1995), we will have
jurisdiction to reconsider and correct or modify our opinion or judgment. See TRAP 50.
In the absence of a timely-filed PDR, however, we do not have jurisdiction to take any
action on appellant’s motion other than to dismiss it for want of jurisdiction.
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The motion is dismissed for want of jurisdiction.
Phil Johnson
Chief Justice
Publish.
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