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Neveu v. State

Court of Appeals of Texas, First District, Houston
Mar 27, 2003
No. 01-03-00103-CR (Tex. App. Mar. 27, 2003)

Opinion

No. 01-03-00103-CR.

Opinion Issued March 27, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the 240th District Court, Fort Bend County, Texas, Trial Court Cause No. 28,573.

Before Chief Justice RADACK, and Justices NUCHIA and HANKS.


MEMORANDUM OPINION


We are without jurisdiction to entertain this appeal. Appellant's motion for the forensic DNA testing of evidence was denied by the trial court on November 25, 2002. The deadline for filing notice of appeal was therefore Thursday, December 26, 2002, because the thirtieth day after sentencing fell on Christmas Day, a holiday. Tex. R. App. P. 4.1(a), 26.2(a)(1). Notice of appeal was filed on January 27, 2003, 32 days after the deadline. We therefore dismiss the appeal for lack of jurisdiction. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). All pending motions are denied as moot. It is so ORDERED.


Summaries of

Neveu v. State

Court of Appeals of Texas, First District, Houston
Mar 27, 2003
No. 01-03-00103-CR (Tex. App. Mar. 27, 2003)
Case details for

Neveu v. State

Case Details

Full title:THOMAS MATTHEW NEVEU, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Mar 27, 2003

Citations

No. 01-03-00103-CR (Tex. App. Mar. 27, 2003)