Glen Ray Kelly v. The State of Texas--Appeal from 18th District Court of Johnson County
Annotate this Case
Download PDF
IN THE
TENTH COURT OF APPEALS
No. 10-09-00116-CR
GLEN RAY KELLY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 18th District Court
Johnson County, Texas
Trial Court No. F41868
ORDER
Glen Ray Kelly, although represented by counsel, has filed a motion for
rehearing. In his motion for rehearing, he complains of the Court’s order refusing to
fully address the merits of the issues he raised in his brief in addition to the issue raised
by appointed counsel. We first note that while Kelly complains he was not served with
a copy of counsel’s brief or the State’s brief, he has not served the motion for rehearing
on either his counsel or the State. See TEX. R. APP. P. 9.5. Regardless of this procedural
omission, Kelly is not entitled to hybrid representation. Ex parte Taylor, 36 S.W.3d 883,
887 (Tex. Crim. App. 2001); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.—Waco 2000,
pet. ref'd).
Accordingly, Kelly’s motion is stricken. Kelly’s petition to the Court of Criminal
appeals for discretionary review, if any, is due March 18, 2011. Such a petition may be
filed by Kelly acting as his own counsel and should be filed with this Court with
appropriate service on the State. See TEX. R. APP. P. 48.4, 68.2, 68.3. A motion for
extension of time to file the petition should be filed with the Court of Criminal Appeals
by the date the petition is due. See id. at 68.2(c).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed March 16, 2011
Do not publish
Kelly v. State
Page 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
