IN THE
TENTH COURT OF APPEALS
No. 10-14-00214-CR
THOMAS GILMORE STEWART,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 39171CR
MEMORANDUM OPINION
Thomas Gilmore Stewart appeals his conviction for possession of a controlled
substance. See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2010).1 However, the
certification of defendant’s right of appeal which Thomas signed indicates that he
waived his right to appeal. See TEX. R. APP. P. 25.2(d).
1In the documents filed with this Court, Stewart notes that the issues he seeks to appeal may be issues for
a petition for writ of habeas corpus. Although we express no opinion on the merits of his issues, we
generally agree that his right to relief, if any, is more appropriate if pursued in a petition for writ of
habeas corpus.
Accordingly, this appeal is dismissed.2 Id.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed July 31, 2014
Do not publish
[CR25]
2 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is
rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the
Court of Criminal Appeals, a petition for discretionary review must be filed in the Court of Criminal
Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the
last timely motion for rehearing was overruled by the court of appeals. TEX. R. APP. P. 68.2 (a).
Stewart v. State Page 2