Dillard v. State

Full title: STEVEN DALE DILLARD, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 7, 2003

No. 09-03-292 CR (Tex. App. Aug. 7, 2003)

Opinion

No. 09-03-292 CR

Opinion Delivered August 7, 2003 Do Not Publish

On Appeal from the 1st District Court Jasper County, Texas Trial Cause No. 8104

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM

We have before the Court an appeal by Steven Dale Dillard from an order denying a motion for DNA testing, signed May 20, 2003. The notice of appeal was filed with the trial court on June 25, 2003, more than thirty days from the date that the trial court signed the appealable order. We notified the parties that the appeal did not appear to have been timely filed, but received no reply from the appellant. The court finds the notice of appeal was not timely filed. Tex.R.App.P. 26.2. No extension of time was timely requested pursuant to Tex.R.App.P. 26.3. It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal. It is, therefore, ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction. APPEAL DISMISSED.