Order entered October 8, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01168-CR
EX PARTE LARRY JAMES BUDOW
On Appeal from the County Criminal Court No. 9
Dallas County, Texas
Trial Court Cause No. MC18-A1502
ORDER
The Court is in receipt of appellant’s notice of appeal from the trial court’s order denying
relief sought by his application for writ of habeas corpus. This is an accelerated appeal and is
governed by Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare a certification of appellant’s right to appeal and
file it with the clerk’s record. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d
803 (Tex. Crim. App. 2013).
We ORDER the D a l l a s County Clerk to file the clerk’s record by October 24,
2018. We ORDER that the clerk’s record contain copies of the indictment, the trial court’s
judgment, the application for writ of habeas corpus, the State’s response to the writ application,
any other documents filed in connection with the application for writ of habeas corpus, the trial
court’s order adjudicating the writ application, the trial court’s findings of fact and conclusions
of law, and the trial court’s certification of appellant’s right to appeal.
After reviewing the notice of appeal, the Court questions whether it has jurisdiction over
this appeal. Appellant represents that the trial court entered its order denying his writ application
on May 31, 2018. Appellant filed his notice of appeal on October 4, 2018. Appellant filed a
motion to extend the time to file the notice of appeal on October 1, 2018. Under the rules of
appellate procedure, both the notice of appeal and the motion to extend are untimely. See TEX.
R. APP. P. 26.2–3; Campbell v. State, 320 S.W.3d 338, 339 (Tex. Crim. App. 2010); Olivo v.
State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
To assist the Court in making a threshold determination of its jurisdiction, appellant is
DIRECTED to file, by October 24, 2018, a letter brief addressing the jurisdictional issue. The
State is DIRECTED to file any response by November 8, 2018. After it has reviewed the
jurisdictional briefs, the Court will consider appellant’s motion to extend and either dismiss the
appeal for want of jurisdiction or else enter further orders setting additional deadlines.
Until the Court makes a determination of its jurisdiction, the Court will not order the
court reporter to prepare the reporter’s record, if any.
We DIRECT the Clerk to send copies of this order to the Honorable Peggy Hoffman,
Presiding Judge, County Criminal Court No. 9; Sandi Morelan, official court reporter, County
Criminal Court No. 9; John F. Warren, Dallas County Clerk; Larry James Budow, pro se
appellant; and counsel for the State.
/s/ LANA MYERS
JUSTICE
–2–