In Re: Ryan Wallace v. the State of Texas

CourtListener 10132043Txctapp53 oct. 2024

Texte intégral

DISMISS and Opinion Filed October 3, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00736-CV

IN RE RYAN WALLACE

On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F10-73110

MEMORANDUM OPINION
Before Justices Smith, Garcia, and Kennedy
Opinion by Justice Kennedy
Appellant previously filed a petition for writ of mandamus seeking vacatur of

a 2013 conviction. On April 24, 2024, we dismissed the petition for want of

jurisdiction. See In re Wallace, No. 05-24-00317-CV, 2024 WL 1757246, at *1

(Tex. App.—Dallas Apr. 24, 2024, orig. proceeding).1 In this appeal, appellant

challenges our April 24 opinion. We questioned our jurisdiction over this appeal

attempting to challenge that opinion and directed the parties to file letter briefs

addressing the jurisdictional issue.

1
We denied appellant’s motion for rehearing on June 4, 2024.
Although appellant filed a letter brief, nothing therein demonstrates our

jurisdiction over a new appeal challenging our prior opinion dismissing his petition

for writ of mandamus. Accordingly, we dismiss this appeal for want of jurisdiction.

See TEX. R. APP. P. 42.3(a).

/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
240736F.P05

–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

IN RE RYAN WALLACE On Appeal from the 265th Judicial
District Court, Dallas County, Texas
No. 05-24-00736-CV Trial Court Cause No. F10-73110.
Opinion delivered by Justice
Kennedy. Justices Smith and Garcia
participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

It is ORDERED that appellee the State of Texas recover its costs of this
appeal from appellant Ryan Wallace.

Judgment entered October 3, 2024

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