Denley v. State

Full title: KEVIN DENLEY, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Oct 20, 2004

Nos. 09-04-359 CR, 09-04-360 CR (Tex. App. Oct. 20, 2004)

Opinion

Nos. 09-04-359 CR, 09-04-360 CR

Opinion Delivered October 20, 2004. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause Nos. 66874 and 72230. Appeals Dismissed.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

We have before the Court two appeals by Kevin Denley from an order signed May 28, 2004, denying a motion for DNA testing. The notice of appeal was filed with the trial court on August 24, 2004, more than thirty days from the date of the appealable order. We notified the parties that the appeal did not appear to have been timely filed, but received no response. The Court finds the notice of appeal was not timely filed. Tex.R.App.P. 26.2. No extension of time was timely requested pursuant to Tex.R.App.P. 26.3. It does not appear that appellant obtained out-of-time appeals. The Court finds it is without jurisdiction to entertain these appeals. It is, therefore, ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction.