Opinion
No. 01-03-00424-CR
Opinion issued June 19, 2003 Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 409222
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant's motion for forensic DNA testing of evidence was denied by the trial court on October 22, 2002. See generally Kutzner v. State, 75 S.W.3d 427 (Tex.Crim.App. 2002). The trial judge found appellant to be indigent and appointed appellate counsel on November 7, 2002. Notice of appeal was filed on April 23, 2003. The deadline for filing notice of appeal was November 21, 2002, 30 days after entry of the appealable order, because no motion for new trial was filed. SeeTex.R.App.P. 26.2. Because the notice of appeal was filed late, we 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).