Joseph v. State

Full title: Frank Joseph, Jr., Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 17, 2015

NO. 03-15-00711-CR (Tex. App. Dec. 17, 2015)

Opinion

NO. 03-15-00711-CRNO. 03-15-00712-CR

12-17-2015

Frank Joseph, Jr., Appellant v. The State of Texas, Appellee

Bob Pemberton, Justice

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NOS. D-1-DC-04-904186 & D-1-DC-04-904187
HONORABLE KAREN SAGE, JUDGE PRESIDINGMEMORANDUM OPINION

Appellant Frank Joseph, Jr., has filed pro se notices of appeal from the district court's orders denying his motions for DNA testing. The orders were signed by the district court on April 14, 2015. Joseph's notices of appeal were filed on November 12, 2015.

In a criminal case, the notice of appeal must be filed within 30 days after the day the trial court enters an appealable order.¹ Joseph's notices of appeal are untimely. Absent a timely filed notice of appeal, this Court lacks jurisdiction to dispose of an appeal in any manner other than by dismissing it for want of jurisdiction.² Accordingly, we dismiss the appeals for want of jurisdiction.³

1 See Tex. R. App. P. 26.2(a)(1).

2 See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996).

3 In each appeal, Joseph has filed a pro se "motion for correction of remediable errors." Because we lack jurisdiction over these appeals, we dismiss those motions as moot. --------

/s/_________

Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Field Dismissed for Want of Jurisdiction Filed: December 17, 2015 Do Not Publish