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Stewart v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 11, 2016
NO. 02-16-00142-CR (Tex. App. Aug. 11, 2016)

Opinion

NO. 02-16-00142-CR

08-11-2016

SHERMAN MATTHEW STEWART APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY
TRIAL COURT NO. 45550-C MEMORANDUM OPINION

Appellant Sherman Matthew Stewart filed a notice of appeal on April 11, 2016, purporting to appeal the denial of his motion for DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (West Supp. 2015). We sent appellant a letter on April 15, 2016, noting our concern that we may not have jurisdiction over his appeal because the trial court had not ruled on his motion for DNA testing. See Tex. R. App. P. 26.2(a). We requested that any party desiring to continue the appeal furnish this court with a signed copy of the order that appellant seeks to appeal by May 5, 2016. We warned the parties that "[i]f no order has been signed and furnished by that date, this appeal will be dismissed." No response has been filed.

Because we have no jurisdiction to address appellant's notice of appeal without a signed copy of the order, we dismiss his appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

PER CURIAM PANEL: GARDNER, WALKER, AND MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: August 11, 2016

See Tex. R. App. P. 47.4.


Summaries of

Stewart v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 11, 2016
NO. 02-16-00142-CR (Tex. App. Aug. 11, 2016)
Case details for

Stewart v. State

Case Details

Full title:SHERMAN MATTHEW STEWART APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Aug 11, 2016

Citations

NO. 02-16-00142-CR (Tex. App. Aug. 11, 2016)