Clim Eugene Thomas v. State

• Court: Court of Appeals of Texas
• Decided: October 10, 2013
• Docket: 02-13-00390-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00390-CR

CLIM EUGENE THOMAS APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION 1

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.” 2 See Tex. Code Crim. Proc. Ann. art. 64.01(a-1)

1 See Tex. R. App. P. 47.4. 2 We do not have any information regarding Appellant’s underlying conviction. (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).

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: October 10, 2013