Opinion
NO. 02-13-00390-CR
2013-10-10
FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On September 6, 2012, Appellant Clim Eugene Thomas filed a post-conviction motion for forensic DNA testing of "the victim . . . [and] the gun powder that was use[d] as evidence."See Tex. Code Crim. Proc. Ann. art. 64.01(a-1) (West Supp. 2012). On December 18, 2012, the trial court denied Appellant's motion. See id. art. 64.03(a). On August 6, 2013, Appellant filed a notice of appeal regarding the trial court's denial. See id. art. 64.05 (West 2006). It is clear that Appellant filed his notice of appeal outside of the mandated time limitations, which divests this court of jurisdiction over his attempted appeal. See id.; Tex. R. App. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). Therefore, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
We do not have any information regarding Appellant's underlying conviction.
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PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)