Rodriguez v. Court of Appeals, Eighth Supreme Judicial District

OPINION

MILLER, Judge.

Relator seeks to invoke this Court’s original jurisdiction to issue writs of mandamus pursuant to Article 5, § 5 of the Texas Constitution.

Relator was convicted by a jury of felony theft on January 14, 1987, and the jury assessed punishment at five years probation and a $5,000 fine. Thereafter, on February 13,1987, relator timely filed a motion for new trial alleging newly discovered evidence. This motion was overruled by operation of law on March 27, 1987. Relator timely filed notice of appeal on April 13, 1987, and perfected his appeal. Relator failed, however, to file…