IN THE
TENTH COURT OF APPEALS
No. 10-12-00418-CR
EX PARTE CRAIG E. MENDENHALL
From the 77th District Court
Freestone County, Texas
Trial Court No. 97-035-CR
MEMORANDUM OPINION
Craig E. Mendenhall appeals from the trial court’s denial of Mendenhall’s article
11.25 petition for writ of habeas corpus, also known as a “medical writ.” TEX. CODE
CRIM. PROC. ANN. art. 11.25 (West 2005). By letter dated November 21, 2012, the Clerk
of this Court notified Mendenhall that his appeal was subject to dismissal because the
notice of appeal appeared untimely. Mendenhall was further warned that the Court
would dismiss the appeal unless, within 21 days of the date of the letter, a response was
filed showing grounds for continuing the appeal. Mendenhall filed a response but it
does not show grounds for continuing the proceeding.
The trial court’s docket sheet indicates that Mendenhall’s petition was initially
denied on June 25, 2012. Mendenhall presented a motion for reconsideration which was
filed on July 6, 2012 and denied on July 13, 2012. Mendenhall contends the clerk’s
record may have been altered and is fraudulent because the entry on the trial court’s
docket sheet indicates that the trial court denied Mendenhall’s motion for
reconsideration on July 12, 2012. We received a supplemental clerk’s record which
includes the trial court’s handwritten denial, dated July 13, 2012, of the motion for
reconsideration. Further, we have inspected the docket sheet, and although the day of
the entry could be interpreted as a 12, we believe it is a 13, corresponding with the day
the trial court signed the denial.
Mendenhall’s notice of appeal was due 90 days from June 25, 2012, the date the
trial court initially denied Mendenhall relief, which would have been September 24,
2012.1 See TEX. R. APP. P. 26.2(a)(2). The notice of appeal was not filed until October 26,
2012. It is untimely, and we have no jurisdiction of an untimely notice of appeal. Olivo
v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
This appeal is dismissed.
TOM GRAY
Chief Justice
1 The actual due date, September 23, 2012, was a Sunday. See TEX. R. APP. P. 4.1(a).
Ex parte Mendenhall Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed December 27, 2012
Do not publish
[CR25]
Ex parte Mendenhall Page 3