Opinion
No. 05-16-01471-CR No. 05-16-01473-CR
04-25-2017
OPIE DALE TOLAND, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause Nos. 16851 , 17360
ORDER
Before the Court are appellant's April 14, 2017 motions for leave to file an out-of-time motion for extension and out-of-time motion for extension of time to file his brief. Appellant's motions are DENIED.
The trial court has filed certifications showing appellant has no right to appeal in these DNA testing appeals because he is appealing an interlocutory order denying appointment of counsel. The clerk's records filed in these cases contain orders denying appointment of counsel but do not contain final orders denying appellant's motions for DNA testing. In the absence of final orders denying testing, the Court would not have jurisdiction over these appeals. See Guiterrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010).
To assist the Court in determining whether it has jurisdiction over the appeals, the Kaufman County District Clerk is ORDERED to file, within TEN DAYS of the date of this order, either supplemental clerk's records containing the trial court's orders denying appellant's applications for DNA testing or else a letter stating that the trial court has not entered orders denying DNA testing in these appeals.
Upon receipt of either the supplemental clerk's records or letter from the Kaufman County District Clerk, the Court will either set a deadline for appellant's brief or else dismiss these appeals in due course.
The Clerk of the Court is DIRECTED to transmit a copy of this order to the Honorable Casey Blair, Presiding Judge of the 86th Judicial District Court; Rhonda Hughey, Kaufman County District Clerk; Opie Dale Toland, pro se; and counsel for the State.
/s/ LANA MYERS
JUSTICE