Opinion
NO. 09-15-00274-CR
08-26-2015
NEAL CRAIG BELLINGER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court Jefferson County, Texas
Trial Cause No. 08-03096
MEMORANDUM OPINION
On July 15, 2015, Neal Craig Bellinger filed a notice of appeal from the trial court's order denying his motion for post-conviction DNA testing. The trial court signed an order denying Bellinger's post-conviction motion for DNA testing on June 5, 2015. The notice of appeal was filed with the trial court more than thirty days after the date the trial court signed the order denying Bellinger's motion, and Bellinger did not timely file a request for an extension of time to file his notice of appeal. On July 27, 2015, we notified the parties that the notice of appeal did not appear to have been timely filed. Bellinger did not file a response.
The time for filing an appeal runs from the denial of the post-conviction motion for DNA testing. See Swearingen v. State, 189 S.W.3d 779, 781 (Tex. Crim. App. 2006). The notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1). No motion for extension of time was timely filed. See Tex. R. App. P. 26.3(b). It does not appear that Bellinger obtained an out-of-time appeal from the Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
/s/_________
LEANNE JOHNSON
Justice
Submitted on August 25, 2015
Opinion Delivered August 26, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.