Wilder v. State

Full title: EDDIE MICHAEL WILDER, Appellant v. THE STATE OF TEXAS, State

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jan 29, 2004

No. 2-03-524-CR (Tex. App. Jan. 29, 2004)

Opinion

No. 2-03-524-CR.

Delivered: January 29, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 158th District Court of Denton County.

Attorney(s) for Appellant: Eddie Michael Wilder, Pro Se. Attorney(s) for Appellee: Kathleen Walsh, Asst. Dist. Atty., Denton, TX.

PANEL D: CAYCE, C.J., LIVINGSTON and DAUPHINOT, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

PER CURIAM.

Eddie Michael Wilder is attempting to appeal from the trial court's October 31, 2003 order denying his motion for DNA testing. Appellant's notice of appeal was due on December 1, 2003, but was not filed until December 8, 2003, and appellant did not file a motion to extend his filing deadline. See Tex.R.App.P. 26.2(a)(1), 26.3. Therefore, the notice was untimely, and we lack jurisdiction over the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). On December 31, appellant filed a motion for leave to file an out-of-time appeal. Because the notice of appeal was untimely, however, our authority is limited to dismissing the appeal for lack of jurisdiction. Olivo, 918 S.W.2d at 523. Accordingly, we deny the motion and dismiss the appeal for want of jurisdiction.