Order entered April 30, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01261-CV
EX PARTE MICHAEL GEROD MCGREGOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. X-13-1459-W
ORDER
The record before us reflects this appeal could be either (1) an ordinary appeal, filed
within the fifteen-day extension period provided by Texas Rule of Appellate Procedure 26.3 but
without the required extension motion; or (2) a restricted appeal under Texas Rule of Appellate
Procedure 30 but with a deficient notice of appeal. See TEX. R. APP. P. 25.1(d)(7) & 30 (together
setting forth requirements for restricted appeal); 26.1 (setting deadline for filing ordinary
appeal); 26.3 (outlining procedure for obtaining extension). Accordingly, by letter dated April 1,
2015, appellant was directed to file either (1) a motion to extend time to file notice of ordinary
appeal or (2) an amended notice of appeal reflecting he is pursuing a restricted appeal. Rather
than filing either an extension motion or an amended notice of appeal, however, appellant, who
is proceeding pro se, has filed both. He also has filed a “motion for leave to file [both].”
An appeal cannot proceed as both an ordinary appeal and a restricted appeal. See
generally id. 25.1, 26.1, 30. Because the standard of appellate review in a restricted appeal is
more limited than the standard in an ordinary appeal, we GRANT the motion to permit late
filing of notice of ordinary appeal and DENY as moot the other filings. See TEX. R. APP. P. 26.3;
Champion v. Estlow, 2015 WL 513274, 03-14-00016-CV *1 (Tex. App.-–Austin 2015, pet.
filed); Davenport v. Scheble, 201 S.W.3d 188, 193 (Tex. App.—Dallas 2006, pet. denied). We
deem the notice of appeal filed June 7, 2014 timely for jurisdictional purposes.
We note the clerk’s record has been filed. We further note the reporter has informed the
Court that no reporter’s record exists of the trial court proceedings. Accordingly, we ORDER
appellant to file his brief on the merits no later than June 1, 2015. See TEX. R. APP. P. 38.6.
/s/ CRAIG STODDART
JUSTICE