McIntosh v. State

Full title: WILLIAM A. McINTOSH, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 5, 2003

Nos. 10-01-409-CR, 10-01-410-CR, 10-01-411-CR, 10-01-412-CR, 10-01-413-CR, 10-01-414-CR, 10-01-415-CR, 10-01-416-CR, 10-01-417-CR, 10-01-418-CR (Tex. App. Mar. 5, 2003)

Opinion

Nos. 10-01-409-CR, 10-01-410-CR, 10-01-411-CR, 10-01-412-CR, 10-01-413-CR, 10-01-414-CR, 10-01-415-CR, 10-01-416-CR, 10-01-417-CR, 10-01-418-CR.

Opinion delivered and Filed March 5, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

From the 40th District Court, Ellis County, Texas, Trial Court Nos. 20084CR, 20085CR, 20086CR, 20087CR, 20379CR, 20380CR, 20381CR, 20382CR, 20383CR and 20384CR.

Before Chief Justice DAVIS and Justices VANCE and GRAY.

MEMORANDUM OPINION

PER CURIAM

William A. McIntosh appeals from the trial court's denial of his motions for appointment of trial counsel in a series of DNA proceedings under chapter 64 of the Code of Criminal Procedure. We notified McIntosh in a published order dated December 11, 2002 that these are not appealable orders and that these appeals would be dismissed for want of jurisdiction if supplemental clerk's records containing orders adjudicating the merits of his motions for DNA testing were "not filed with the Clerk of this Court on or before 5:00 p.m. on December 27, 2002." McIntosh v. State, No. 01-409-CR, slip op. at 3-4, 2002 Tex.App. LEXIS 8879, at *4 (Tex.App.-Waco Dec. 11, 2002, order). We have not received a supplemental record containing an order on the merits in any of these appeals. Accordingly, we dismiss these appeals for want of jurisdiction.