IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1412-18
EX PARTE CHRISTOPHER BENNET WOOTEN, Appellant
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE ELEVENTH COURT OF APPEALS
HOWARD COUNTY
Per curiam.
ORDER
The Court of Appeals dismissed Appellant’s appeal of the trial court’s denial of his
application for writ of habeas corpus filed under Article 11.072 of the Texas Code of
Criminal Procedure. Ex parte Wooten, No. 11-18-00307-CR (Eastland - December 13,
2018). The Court of Appeals determined that Appellant’s notice of appeal was untimely
under Tex.R.App.P. 26.2(a)(1). Thus, the court did not have jurisdiction to consider the
merits of the appeal. Appellant filed this petition for discretionary review arguing that he
did not receive timely notice of the trial court’s order denying relief. Thus, he contends
Ex parte Wooten - page 2
his appeal should be considered since he filed a notice of appeal timely once he received
notice of the trial court’s order. Appellant has included copies of various documents to
support his claim. However, under the jurisdictional time limits, his notice of appeal was
untimely. Rule 26.2(a)(1). Accordingly we refuse Appellant’s petition for discretionary
review. But Appellant may seek further recourse of this arguable due process violation
by filing an application for original writ of habeas corpus in THIS COURT seeking an
out-of-time appeal.
IT IS SO ORDERED THIS THE 13 th DAY OF FEBRUARY, 2019.
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