Opinion
Nos. 05-07-01459-CR, 05-07-01460-CR
Opinion Filed January 7, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 363rd Judicial District Court, Dallas County, Texas Trial Court Cause Nos. F93-01601-W, F93-01602-W.
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
Mark Terrance Cuington was convicted of two aggravated sexual assaults. The convictions were affirmed. See Cuington v. State, No. 05-93-01903-CR (Tex.App.-Dallas May 31, 1996, no pet.) (not designated for publication). On May 30, 2007, appellant filed a motion for post-conviction DNA testing in each case. No order finally ruling on the motion for DNA has been entered. Rather, appellant filed notices of appeal from the order granting the State an extension of time to respond to appellant's motion. In response to our letter questioning our jurisdiction, appellant's counsel stated there is no final order and thus the Court has no jurisdiction over the appeals. We agree. Because there is no final order denying appellant's motion for DNA testing, we have no jurisdiction over the appeals. See Tex. Code Crim. Proc. Ann. art. 64.01-.05 (Vernon 2006 Supp. 2007). We dismiss the appeals for want of jurisdiction.