Anthony Scott Brown v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-26-00365-CR

ANTHONY SCOTT BROWN, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 47th District Court Randall County, Texas

Trial Court No. 30,831-A-DNA-2, Honorable Dee Johnson, Presiding

August 28, 2026

MEMORANDUM OPINION

Before DOSS and YARBROUGH and PRATT, JJ.

Appellant, Anthony Scott Brown, proceeding pro se, appeals from the trial court’s Order Denying Second Motion for Post-Conviction DNA Testing. Because Appellant’s notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction.

The trial court signed the Order Denying Second Motion for Post-Conviction DNA Testing on February 25, 2026. An appeal from an order issued on a motion for forensic DNA testing is taken in the same manner as an appeal in any other criminal matter. TEX. CODE CRIM. PROC. art. 64.05. Accordingly, Appellant’s notice of appeal was due thirty

2

days after the trial court denied his motion for DNA testing, or within ninety days if a timely motion for new trial was filed. TEX. R. APP. P. 26.2(a). Appellant did not file a motion for new trial. Therefore, his notice of appeal was due by March 27, 2026. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on August 18, 2026. In his notice of appeal, Appellant asserts that he first received notice of the order on July 30, 2026.

The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). When a notice of appeal is not timely filed, an appellate court has no authority to do anything other than dismiss the appeal for want of jurisdiction. Id. Thus, we have no authority to extend the jurisdictional deadline for filing a notice of appeal. However, Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. art. 11.07.

Appellant’s untimely notice of appeal deprives this Court of jurisdiction. We therefore dismiss the appeal for want of jurisdiction.

Per Curiam

Do not publish.