Opinion
03-21-00659-CR
01-06-2022
Alan Josep Mury, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 66, 166, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING
Before Justices Gqoodwin, Baker, and Triana
MEMORANDUM OPINION
Melissa Goodwin, Justice
Appellant Alan Josep Mury seeks to appeal the trial court's order denying his motion for post-conviction forensic DNA testing. See Tex. Code Crim. Proc. arts. 64.03, .05. The order was file-stamped on October 15, 2021 and signed on October 21, 2021. As such, the deadline for perfecting the appeal was November 22, 2021. See Tex. R. App. P. 26.2(a)(1); see also State v. Wachtendorf, 475 S.W.3d 895, 900 (Tex. Crim. App. 2015) (noting that principle that "the notice-of-appeal period begins with the trial court's signing of the appealable order" has been "ingrained in the law" for twenty-five years). Mury did not request an extension of time for filing the notice of appeal. See Tex. R. App. P. 26.3. He avers that he mailed the notice on November 24, 2021, and it was therefore untimely. Consequently, we lack jurisdiction to entertain the appeal and must dismiss it for want of jurisdiction. See Torres v. State, 575 S.W.3d 540, 541 (Tex. Crim. App. 2019); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
The statutory thirty-day period for filing a notice of appeal expired on Saturday, November 20, 2021. However, because the last day of the period fell on a Saturday, the period extended to the end of the following Monday. See Tex. R. App. P. 4.1(a).
Dismissed for Want of Jurisdiction