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Diggles v. State

Court of Appeals of Texas, First District, Houston
Jun 19, 2003
No. 01-03-00424-CR (Tex. App. Jun. 19, 2003)

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Opinion issued June 19, 2003 Do not publish.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).


Summaries of

Diggles v. State

Court of Appeals of Texas, First District, Houston
Jun 19, 2003
No. 01-03-00424-CR (Tex. App. Jun. 19, 2003)
Case details for

Diggles v. State

Case Details

Full title:BOBBY RAY DIGGLES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Jun 19, 2003

Citations

No. 01-03-00424-CR (Tex. App. Jun. 19, 2003)