Opinion
No. 05-03-01003-CR
Opinion Filed August 8, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F92-03311-J. DISMISS
Before Justices BRIDGES, O'NEILL, and FITZGERALD.
MEMORANDUM OPINION
Michael Wayne Wofford filed a motion seeking post-conviction DNA testing. On March 27, 2003, the trial court signed an order denying appellant's motion. Therefore, appellant's notice of appeal was due by Monday, April 28, 2003. See Tex.R.App.P. 4.1(a), 26.2(a)(1); Welsh v. State, No. 05-03-00117-CR, slip op. at 3 (Tex.App.-Dallas June 23, 2003, no pet. h.). On June 5, 2003, appellant mailed his notice of appeal to the trial court. It is unclear when the trial court received the notice of appeal, but it appears to have been received by June 19, 2003, when the trial court appointed counsel to represent appellant. Appellant's notice of appeal mailed on June 5, 2003 is untimely. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Welsh, No. 05-03-00117-CR, slip op. at 3; Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). Therefore, we dismiss the appeal for want of jurisdiction.