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Rogers v. State

Court of Appeals Second Appellate District of Texas at Fort Worth
Jul 16, 2020
No. 02-20-00064-CR (Tex. App. Jul. 16, 2020)

Opinion

No. 02-20-00064-CR No. 02-20-00065-CR

07-16-2020

KENT ALTONIO ROGERS, Appellant v. THE STATE OF TEXAS


On Appeal from Criminal District Court No. 3 Tarrant County, Texas
Trial Court Nos. 0857725D, 0834865D Before Sudderth, C.J.; Gabriel and Kerr, JJ.

MEMORANDUM OPINION

Appellant Kent Altonio Rogers filed pro se motions for DNA testing and appointment of counsel on January 23, 2020, and then attempted to appeal on March 16, 2020.

In 2006, Appellant filed a motion for DNA testing and for appointment of counsel. See In re Rogers, No. 02-06-00287-CV, 2006 WL 2627317, at *1 (Tex. App.—Fort Worth Sept. 8, 2006) (orig. proceeding) (per curiam). The trial court appointed counsel for him, see id., but ultimately denied the motion for DNA testing.

On April 17, 2020, we notified Appellant of our concern that there were no appealable orders because the trial court clerk had informed us that the trial judge had not signed any orders ruling on Appellant's motions, making his attempts to appeal premature. See Tex. R. App. P. 26.2(a)(1); 27.1(b). We gave the parties until May 7, 2020, to furnish us with signed orders to avoid dismissal of the appeals for lack of jurisdiction. See Tex. R. App. P. 43.2(f), 44.3, 44.4(a)(2).

The trial court clerk has informed us that no orders have been signed. Because no orders have been signed by the trial court, we lack jurisdiction over these appeals. Accordingly, we dismiss the appeals for lack of jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1), 27.1(b), 43.2(f).

/s/ Bonnie Sudderth

Bonnie Sudderth

Chief Justice Do Not Publish
Tex. R. App. P. 47.2(b) Delivered: July 16, 2020


Summaries of

Rogers v. State

Court of Appeals Second Appellate District of Texas at Fort Worth
Jul 16, 2020
No. 02-20-00064-CR (Tex. App. Jul. 16, 2020)
Case details for

Rogers v. State

Case Details

Full title:KENT ALTONIO ROGERS, Appellant v. THE STATE OF TEXAS

Court:Court of Appeals Second Appellate District of Texas at Fort Worth

Date published: Jul 16, 2020

Citations

No. 02-20-00064-CR (Tex. App. Jul. 16, 2020)