Summary
noting court had ordered pro se appellant to file brief in appeal from order denying motion for post-conviction DNA testing
Summary of this case from Moreland v. StateOpinion
No. 05-15-00037-CR
08-14-2015
JOHN KENNETH WEEKLEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F09-55995-H
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Brown
Opinion by Chief Justice Wright
John Weekley was convicted of robbery. The jury assessed punishment, enhanced by two prior felony convictions, at twenty-five years' imprisonment. This Court affirmed his conviction on direct appeal. Weekley v. State, No. 05-10-01107-CR, 2013 WL 2316612 (Tex. App.—Dallas May 28, 2013, pet. ref'd) (mem. op., not designated for publication). Appellant filed a pro se motion for post-conviction DNA testing, which was denied by the trial court. On June 9, 2015, the Court ordered appellant, who is representing himself on appeal, to file his brief by July 20, 2015. We warned that failure to do so would result in submission of the appeal without briefs and without further notice. See TEX. R. APP. P. 38.8(b); Lott v. State, 874 S.W.2d 687 (Tex. Crim. App. 1994). To date, appellant has not filed a brief.
Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's order denying appellant's motion for post-conviction DNA testing.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150037F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. F09-55995-H.
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.
Based on the Court's opinion of this date, we AFFIRM the trial court's order denying appellant's motion for post-conviction DNA testing.